Orlando Martinez Jr., 23, of Hoboken, was arrested on the Wednesday, May 6 when police searched his home and allegedly found over an ounce of marijuana, as well as cocaine, heroin, and multiple doses of stramonium preparation, an herbal hallucinogenic. Martinez is being charged with possession, with intent to distribute, for each of the four drugs. Since Martinez’s home is located within 1,000 feet of a school and within 500 feet of a park, the charges and penalties will be increased.
Hoboken Heroin Possession Penalties
Under N.J.S.A. 2C:35-10, Martinez will be facing penalties for possession of heroin, a second-degree crime since Martinez is accused of possessing heroin with intent to distribute. If the amount in his possession was over one half ounce, these charges carry penalties of 5-10 years of jail time, and a fine of up to $75,000. If the amount in Martinez’s possession was less than one half ounce, the maximum jail time will be 5 years.
Hoboken Cocaine Possession Penalties
Under N.J.S.A. 2C:35-10, Martinez will be facing penalties for possession of cocaine, a third-degree crime carrying penalties of 3 to 5 years’ jail time and fines of up to $35,000. Since Martinez is also being charged with intent to distribute cocaine, these penalties will increase depending on the amount in his possession, and could include jail time of up to 20 years and fines of up to $500,000.
Police reported that the amount of marijuana seized was over one ounce. Under N.J.S.A. 2C:35-2, Martinez could also be subject to penalties for possession of marijuana, which is a disorderly persons offense carrying penalties of up to 6 months in jail and a $1,000 fine, unless the amount in his possession was over 50 grams, in which case the offense would be a felony carrying penalties of up to 18 months in jail and a $25,000 fine.
Under N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, since the offenses occurred within 1,000 feet of a school and within 500 feet of a park, Martinez could be subject to a year of parole ineligibility and other potential escalations in all of his penalties, such as increased jail time and 100 hours of community service.
