Need a Defense for Heroin Possession Charge?
Don’t face your heroin possession charge alone. With The Law Offices of Jonathan F. Marshall, you’re backed by a team of skilled criminal defense attorneys, including seven former prosecutors and two Super Lawyers Rising Stars. Our team of heroin possession attorneys, with over 200 years of combined experience, stands ready to take on the federal prosecutors on your behalf. Reach out to us at (877) 534-7338 or online and let us help you achieve the most favorable outcome. The future you deserve starts with the right defense today.
If you or someone you know is facing a federal heroin charge or another federal drug offense, it’s essential to comprehend the specific legalities and potential consequences involved. Below, we’ll break down Section 844 of Title 21 of the US Code, which outlines the penalties for the simple possession of controlled substances, including heroin.
Understanding The Law
Section 844(a) of the US Code establishes that it is illegal for any person to knowingly or intentionally possess a controlled substance, unless they obtained it directly from a licensed practitioner with a valid prescription or order, or if their possession is otherwise authorized. This means that possessing heroin without a valid prescription or lawful authorization is a violation of federal law.
Penalties For Heroin Possession
The penalties for simple possession of heroin under federal law can be severe. If convicted under Section 844(a), a person may face imprisonment for up to one year, as well as a mandatory minimum fine of $1,000, or both. These penalties are applicable to a first-time offense or cases where the prior convictions do not involve drug-related offenses.
Enhanced Penalties For Repeat Offenses
The consequences become significantly more serious for individuals with prior convictions under federal drug laws or state drug-related offenses. If you are facing a federal heroin charge and have a prior conviction under this law or a prior drug-related conviction under state law, the potential penalties increase.
For individuals in this category, the court can impose a sentence ranging from a minimum of 15 days to a maximum of 2 years of imprisonment. Additionally, a mandatory minimum fine of $2,500 will be applied. The court has the discretion to determine the specific sentence within this range based on the circumstances of the case and the defendant’s criminal history.
Multiple Prior Convictions
If you have two or more prior convictions under federal drug laws or state drug-related offenses, or a combination of both, the penalties escalate further. In such situations, if convicted of federal heroin possession, you can face a sentence of imprisonment ranging from a minimum of 90 days to a maximum of 3 years. Additionally, the court can impose a mandatory minimum fine of $5,000.
Seeking Legal Representation
When facing a federal heroin charge, it’s crucial to consult with an experienced criminal defense attorney. They can provide guidance tailored to your specific circumstances, explain the available legal defenses, and help you navigate the complexities of the legal system. An attorney will work to protect your rights, challenge the evidence against you, and strive for the best possible outcome given the circumstances.
Defenses To A Heroin Possession Charge
When facing a federal heroin charge, understanding potential defenses is crucial to building a strong legal strategy. While every case is unique and requires individualized analysis by a federal drug crimes lawyer, here are some possible defenses based on Section 844 of Title 21 of the US Code:
Lack Of Knowledge Or Intent
The statute specifies that possession must be “knowing or intentional.” If the defendant can demonstrate that they were unaware of the presence of the controlled substance or lacked intent to possess it, it could be a viable defense.
Lack Of Possession
The prosecution must prove beyond a reasonable doubt that the defendant had actual or constructive possession of the heroin. If it can be established that the heroin was not within the defendant’s control or ownership, it could undermine the possession element of the offense.
Invalid Search And Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures. If the heroin was obtained through an unlawful search or seizure by a federal law enforcement officer, it may be possible to challenge the admissibility of the evidence in court.
Unlawful Entrapment
In certain circumstances, law enforcement officials may engage in entrapment, where they induce or encourage someone to commit a crime they would not have otherwise committed. If the defendant can demonstrate that they were coerced or persuaded by law enforcement to possess heroin, it may be a valid defense.
Violation Of Due Process
In some cases, constitutional violations during the arrest, investigation, or prosecution process may occur. Violations of due process rights, such as denial of legal representation or coercion during interrogations, can potentially be used as a defense.
Chain Of Custody Issues
The prosecution must establish an unbroken chain of custody for the seized heroin. If there are doubts regarding the proper handling, storage, or documentation of the evidence, it may weaken the prosecution’s case.
It’s crucial to consult with an experienced criminal defense attorney to evaluate the specific facts and circumstances of your case. They can assess the viability of these defenses and identify additional defense strategies tailored to your situation. Remember, the success of a defense depends on the specific evidence, applicable laws, and the court’s interpretation of those factors.
FAQ
When facing a federal heroin charge or accusations of other drug crimes by federal authorities, individuals often have numerous questions about the legal process, potential consequences under federal sentencing guidelines, and available defenses. Here are some frequently asked questions regarding federal heroin charges based on Section 844 of Title 21 of the US Code:
What Constitutes “Simple Possession” Under Federal Law?
Simple possession refers to the act of knowingly or intentionally possessing a controlled substance without a valid prescription or lawful authorization. It involves having physical or constructive control over the heroin or other controlled dangerous substances.
What Are The Potential Penalties For Federal Heroin Possession?
The penalties for federal heroin possession can include imprisonment, fines, or a combination of both. A first-time offense can result in up to one year of imprisonment and a mandatory minimum fine of $1,000. Repeat offenses or prior drug-related convictions can lead to more severe penalties, including longer prison terms and higher fines.
Can I Face Additional Charges Alongside Heroin Possession?
Yes, depending on the circumstances, additional charges may be brought. These can include charges related to drug trafficking, distribution, manufacturing, or conspiracy, among others. The specific charges will depend on the facts of the case and the evidence available.
What Defenses Can Be Used In A Federal Heroin Possession Case?
Defenses in federal heroin possession cases can vary depending on the circumstances. Common defenses may include challenging the legality of the search and seizure, asserting lack of knowledge or intent, questioning the authenticity of the evidence, or demonstrating a valid prescription or lawful authorization. Consultation with an experienced criminal defense attorney is crucial to determining the most appropriate defense strategy.
What Are The Potential Consequences Of A Prior Drug-Related Conviction?
If you have prior drug-related convictions, whether under federal or state law, the penalties for a federal heroin charge can be significantly enhanced. The court can impose longer prison terms, higher fines, or mandatory minimum sentences based on the number and nature of the prior convictions.
Can I Negotiate A Plea Deal For A Federal Heroin Charge?
Plea negotiations are common in federal cases, including heroin charges. The specifics of a plea deal will depend on various factors, such as the strength of the evidence, the defendant’s criminal history, and the discretion of the prosecutor. An experienced criminal defense attorney can guide you through the negotiation process and help secure the most favorable outcome possible.
What Is The Role Of Mandatory Minimum Sentences In Federal Heroin Cases?
Mandatory minimum sentences are predetermined minimum prison terms that must be imposed upon conviction for certain offenses. In federal heroin cases, there are mandatory minimum sentences for repeat offenders or individuals with prior drug-related convictions. These sentences limit judicial discretion and can result in longer prison terms.
Should I Hire A Criminal Defense Attorney For A Federal Heroin Charge?
Yes, it is highly advisable to seek the representation of an experienced criminal defense attorney when facing a federal heroin charge. They will protect your rights, assess the evidence against you, develop a tailored defense strategy, and navigate the complexities of the legal process on your behalf.
Federal Heroin Possession Charge Lawyer
When facing a heroin possession charge or other drug possession charge, don’t take the risk of defending yourself alone. With The Law Offices of Jonathan F. Marshall, you’ll find a defense force with over 200 years of combined experience. Our team of 11 criminal defense attorneys, devoted entirely to criminal law, is equipped with seven former prosecutors who have held prestigious positions in Drug, Gang, Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division. This not only means extensive experience but also a deep understanding of how the prosecution thinks.
Moreover, our team of drug crime lawyers includes multiple attorneys recognized in the National Trial Lawyers Top 100 or Top 40 Under 40. Two of our esteemed lawyers have been selected for the Super Lawyers Rising Stars 2021 list for New Jersey, a list that only includes the top 2.5% of attorneys in the state. With us, you’ll also find an attorney Certified as a Criminal Trial Attorney by NJ Supreme Court. Under one percent of the criminal defense lawyers in New Jersey have that distinction.
Don’t gamble with your future – get the defense you deserve to federal drug charges. Call us now at (877) 534-7338 or contact us online to secure your free consultation. At The Law Offices of Jonathan F. Marshall, we’re ready to fight for your rights and your freedom.
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