Our Jersey City Firm Has A Team of Accomplished Attorneys That Include a Former Drug Task Force Director & Other Seasoned Ex Prosecutors That Are Ready To Defend Your Jersey City Heroin Distribution Case
One of the more serious drug charges someone can face in Hudson County is heroin distribution. You face not only stiff penalties but also aggressive prosecution if you have been charged with manufacturing, distributing or possession with intent to distribute this Schedule I controlled dangerous substance (“CDS”). The Hudson County Prosecutor’s Office is in full force trying to stop the rampant abuse and deaths from heroin. Stomping out those who sell the drug is precisely their goal so anyone arrested for this violation is best served by hiring a seasoned defense lawyer. An attorney who is skilled in defending distribution of heroin, preferably at the Hudson County Superior Court in Jersey City, can provide the opportunity for a reduced or dismissed charge that is needed.
We are the Law Offices of Jonathan F. Marshall, one of the state’s largest criminal firms. More importantly, we have the qualifications needed to mount a strong defense to your charges, including:
- 200 years of collective experience representing individuals who have been arrested for selling or distributing heroin in local towns such as Jersey City, Harrison, Bayonne, Union City and North Bergen
- Ten (10) lawyers who limit their practice to defense of those accused of violating New Jersey law
- Former County Prosecutors that have served as Directors of the Drug Task Force, Major Crimes, Special Operations, Juvenile and even the entire Trial Division
- Certified Criminal Trial Attorneys
- An office located directly across from the county courthouse in Jersey City to conveniently serve our clients
The credentials possessed by the members of our firm are truly rare and certainly equip us with powerful knowledge and skill so that you avoid years in prison and other consequences associated with a charge for selling or possession with intent to distribute drugs like heroin.
The Law Offices of Jonathan F. Marshall, 574 Newark Avenue, Jersey City NJ 07302, defends heroin distribution charges through Hudson County, including clients arrested in Harrison, West New York, Jersey City, Bayonne, Union City, Weehawken, Hoboken, Secaucus, North Bergen, East Newark, Guttenberg and Kearny. Call 201-309-0500 for a free consultation with an insightful attorney on our staff anytime 24/7.
Charged With Manufacturing, Distributing or Possession With Intent to Distribute Heroin in Hudson County
The statute that applies in heroin distribution cases is N.J.S.A. 2C:35-5. This law makes it a first, second or third degree crime to knowingly or purposely “manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense” heroin. These activities result in a first degree crime where the quantity of heroin being sold or possessed with intent to distribute is 5 ounces or more. Distribution of at least one-half ounce of heroin but less than 5 ounces is a second degree crime. Distributing, selling or possession with intent to distribute less than one-half ounce of heroin is a third degree crime. The headings below discuss some of the finer points in terms of a heroin distribution offense in Hudson County.
Where Will My Case Be Heard If I Was Arrested For Selling Heroin?
Your charges will be heard in Jersey City and not in a local municipal court in West New York, Bayonne or West New York. The reason lies in the fact that a 2C:35-5 is a felony indictable crime that can only be heard at the Superior Court which is located in Jersey City.
Can I Obtain Bail If I Have Been Charged With Distributing Heroin?
As a general rule you can no longer secure “bail” or “bond” once a warrant for your arrest has been issued. You will have to appear before a judge and they will decide, based on the results of your Public Safety Assessment, whether you should be release from custody and, if so, the terms for your pretrial reporting. Please note that the prosecutor’s office frequently file a detention motion in heroin cases and this results in an additional 3 days in custody until a formal hearing concerning your release may be conducted.
What Penalties Do I Face If I Am Convicted Of Possession With Intent to Distribute Heroin or Distribution of Heroin at the Hudson County Superior Court?
You face 10-20 years in prison and a fine of up to $500,000 for a first degree crime under 2C:35-5. The prison term is 5-10 years and the fine up to $150,000 for a second degree crime. The penalties for third degree distribution of heroin include up to 5 years of imprisonment and a maximum fine of $75,000.
Are There Additional Consequences That I Face If I Am Also Facing A Charge For Distributing/Selling/Intent To Distribute in a School Zone Or Within 500 Feet of a Public Park?
Yes. Two additional laws come into play when this is the case — N.J.S.A. 2C:35-7 (“Distribution on or within 1,000 feet of school property”) and N.J.S.A. 2C:35-7.1 (“Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined”). If you were caught distributing or possessing heroin with the intent to distribute within 1,000 feet of school property, you face a separate third degree crime, up to a $150,000 fine, and up to 5 years in prison with a mandatory minimum sentence of at least 3 years. A separate second degree crime also results when heroin is distributed or sold heroin within 500 feet of a public park or housing complex.
Is There Are Way To Avoid Jail & Other Penalties Through PTI or Drug Court?
Yes. Both these programs allow someone to avoid prison in a heroin distribution case. In fact, Pretrial Intervention (“PTI”) results in a dismissal of the offense altogether upon successful completion of 1-3 of probation. Drug Court is a highly intensive rehabilitation program that can last 5 years but allows someone to avoid a state prison term.
Jersey City Intent to Distribution Heroin Defense Lawyers
A conviction for distributing heroin in Hudson County, New Jersey can clearly be life changing. However, most heroin distribution cases involve some type of search and seizure that can be challenged by a savvy attorney. There are also a host of other strategies and tactics that someone skilled in defending this type of drug case can exploit to help someone avoid the pitfalls of a conviction. Indeed, sometimes it just comes down to good old crafty negotiating. Irrespective of what needs to be done to help you, you can be confident that the Law Offices of Jonathan F. Marshall has the know-how to accomplish what is needed. Our team of defense attorneys and private investigators will go through every aspect of your discovery searching for any police misconduct. If a search issues is uncovered our attorneys will file and argue the necessary suppression motion, seeking to have the illegally obtained information declared inadmissible at trial. If certain key evidence is declared inadmissible at trial, the prosecution might have no choice but to dismiss the charges against you. If you or someone you know has been charged with distribution of heroin in Hudson County, New Jersey, contact our Jersey City Office for immediate assistance at (201) 309-1800.
The Hudson County criminal attorneys at the Law Offices of Jonathan F. Marshall, 574 Newark Avenue, Jersey City, NJ, 07302, represent clients charged with manufacturing, selling, distributing and possession with intent to distribute heroin in Jersey City, Bayonne, Union City, North Bergen, West New York, Hoboken, Kearny, Secaucus, Weehawken, Guttenberg, East Newark and Harrison.
