Possession of Heroin, technically referred to as Possession of a Controlled Dangerous Substance (CDS), is a Third Degree felony in the State of New Jersey. A person charged with Possession of Heroin (CDS) may face up to five (5) years in New Jersey State Prison, although there is a presumption of non-incarceration for first time offenders.
Certified New Jersey Criminal Defense Lawyer and Former Prosecutors: Defending Your Rights – We Challenge the Evidence.
Most defendants' Possession of Heroin charges arise as a result of a police initiated search of their person, car or home. Unlike may other lawyers, we have analyzed police conduct on a daily basis for years and immediately know whether or not your Constitutional Right to be free from illegal searches and seizures has been violated. If the Police acted inappropriately, we do not hesitate to file a motion to suppress the evidence and seek to have the case dismissed.
Alternatives to Jail
At Clark & Clark we have been extremely successful in winning Possession of Heroin (CDS) cases at trial, obtaining probationary terms rather than jail sentences for our clients even when they have extensive criminal records, or convincing the Prosecutor’s Office to dismiss the charges if a co-defendant has taken responsibility for the heroin in question. In some cases, we are able to get the charges downgraded to a Disorderly persons offense or assist our client’s in applying to drug court as an alternative to jail.
Other Consequences of Facing Charges of Possession of Heroin (CDS)
Even if it is your first offense, you need an experienced criminal defense lawyer to minimize the impact a conviction could have on your future. Possession of Heroin (CDS) is a felony drug charge that may result in a permanent criminal record. Heroin possession convictions could exclude you from certain types of employment and could even impact your current job.
If we cannot obtain an immediate dismissal, we may still be able to get you into a Pre-trial Intervention Program (PTI). PTI is a diversionary program that allows you to put your case on hold for a short period of time. Completion of PTI (usually a 1 year program) results in a dismissal of your charges at the end of the PTI term.
Our Lawyers Can Help – We Have The Training and Experience
If you have been charged with Possession of Heroin (CDS) (N.J.S.A. 2C:35-10) in the State of New Jersey, contact the law firm of Clark & Clark immediately at 844-204-2426 . Our attorneys are former prosecutors and have the skill and experience to investigate your case, challenge the evidence, and advise you on a course of action that is best for you. Whether we are seeking a dismissal, negotiating the best plea deal available or defending your legal rights at a trial, we understand the system and how to make it best work for you.
Your initial consultation is free.