Heroin Possession and Distribution

Camden County NJ Heroin Attorneys

Heroin Possession & Distribution Defense Lawyers in Voorhees NJ

Winslow NJ Heroin Lawyers

With the proliferation of prescription drugs came one unintended consequence: the increasing use and abuse of heroin in the United States. Heroin has become such a significant issue that it is now considered a full-scale national epidemic. The use of opioid prescription drugs to treat pain has created a culture of dependence that affects adults and young people alike. As heroin ravages American communities, more and more people are becoming stuck in its vice-like grip. New Jersey strictly prohibits the possession and distribution of heroin, imposing severe penalties upon convicted heroin offenders. A skilled criminal defense attorney can ensure that you pursue any and all viable alternatives to incarceration, and if the charges are unfounded, can vigorously protect your innocence at trial.

William Fay is a seasoned criminal defense lawyer who has been dedicated to defending the rights of his clients in New Jersey for years. Throughout his distinguished career, Mr. Fay has utilized skillful negotiation and a ferocious trial strategy to achieve superior results for clients in Pennsauken, Camden, Cherry Hill, Pine Hill, Bellmawr, Runnemeade, Waterford Gloucester and Haddon Twp. Mr. Fay couples his expertise in defense with his prior experience as an Deputy Attorney General for the New Jersey Attorney General’s Office. By understanding the way in which the State prosecutes these cases, he is able to identify and compile evidence to create your most effective defense. For additional information and to speak with Mr. Fay today, contact his offices at 609-832-3202 for a cost-free consultation.

Heroin Possession in NJ: N.J.S.A. 2C:35-10(a)

Possession of heroin is described in section N.J.S.A. 2C:35-10(a) of the New Jersey Criminal Code. According to this section:

It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to a controlled dangerous substance, or its analog, classified in Schedule I, II, II, or IV other than those specifically covered in this section, is guilty of a crime of the third degree.

Heroin is classified as a Schedule I drug in New Jersey’s Drug Schedule. As such, possession of heroin is a third degree crime and may result in consequences including: a 3 to 5-year term of incarceration, a fine of up to $35,000, a felony conviction on your criminal record, and a 6-month period of driver’s license suspension.

Heroin Distribution NJ Charges: N.J.S.A. 2C:35-5

It is also illegal to manufacture, distribute, dispense, or possess heroin with intent to distribute in New Jersey. All of these offenses are subsumed under N.J.S.A. 2C:35-5. According to this statute, the degree of these charges are contingent upon the amount of heroin involved in the offense. The thresholds are as follows:

  • Less than 0.5 Ounces: Third Degree Crime: between 3 and 5 years of imprisonment and a maximum fine of $75,000
  • Between 0.5 and 5 Ounces: Second Degree Crime: between 5 and 10 years of imprisonment and a maximum fine of $150,000
  • 5 Ounces or More: First Degree Crimebetween 10 and 20 years of imprisonment and a fine of up to $500,000

Quite obviously, prison does little to assist heroin users in recovering. Fortunately, when you are charged with a heroin offense in New Jersey and you have no prior criminal record, jail is not your only option. You may be eligible for probation or one of the State’s diversionary programs such as Pre-Trial Intervention or Drug Court.

Getting into PTI for a Heroin Offense

Pretrial Intervention, or PTI, may be an option for a defendant who has been accused of a low-level indictable non-violent crime and who has no prior felony convictions on their record. For instance, if you are charged with a third degree drug offense such as heroin possession, your attorney might be able to help have you admitted into the PTI program in lieu of going to trial and facing possible prison time. You would then have to complete the probationary period without getting into any kind of legal trouble, and you would need to meet other requirements such as passing random urine tests, performing community service, and potentially completing a drug abuse rehabilitation program. Securing admission into PTI can be highly advantageous to you: not only will you stay out of prison, but you will also avoid having a criminal record for a drug crime conviction.

Can I do Drug Court to Avoid Prison for Heroin Charges?

Another diversionary option in your heroin case might be Drug Court. In most NJ drug crime cases involving an indictable offense, the case is handled in the county superior court and decided by a judge or jury at trial. However, some drug charges are treated differently. Depending on the circumstances of your case, it may be possible for your attorney to get you admitted into the Drug Court program. Drug Court is a special court program offered for drug related offenses that prioritizes drug addiction treatment and rehabilitation over punishment and incarceration. Once your case is placed on the Drug Court track, you will work closely with court administrators and drug treatment specialists to treat any addiction problems you have. Upon successful completion of the treatment program, the criminal charges will be dropped from your record.

You may also be Charged with Being under the Influence or Heroin Paraphernalia

Drug laws also punish you for being under the influence or failing to turn over drugs you found or possess to law enforcement; the latter is known as failing to make a lawful disposition. You can also be charged for having drug paraphernalia, such as heroin needles or other apparatus to ingest, inject, grow, or market heroin on the street. If caught with drug paraphernalia of any kind, you could be charged with a disorderly persons offense and face six months in jail and a $1,000.00 fine. It is also a disorderly persons offense to be under the influence of drugs like heroin or if you were under the influence of drugs and driving. Then, DUI laws apply, which are serious infractions with heavy penalties.

Contact a Camden NJ Heroin Charges Lawyer for a Free Consultation

If you or someone you love has been charged with heroin possession, heroin distribution, or another drug crime in Camden County or elsewhere in South Jersey, it is highly advisable to enlist an aggressive legal advocate as soon as possible. Contact our firm at 609-832-3202 for additional information and a cost-free consultation.


testimonials reviews
"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."


testimonials reviews

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."


testimonials reviews
"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"


testimonials reviews
"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."


testimonials reviews
"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

Request a Free Consultation

Request a Free Consultation

If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202

We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español