On July 1st in Paterson the Passaic County Sheriff s detectives seized two handguns both of which were loaded as well as arresting three individuals. Narcotics Detectives observed a Hummer H2 circling in the vicinity of Market and East 32nd Streets. Passaic County Sheriff Richard H. Berdnik said. Ian Flemmings a 25 year old from Paterson then proceeded towards the Hummer and got into its passenger side. He sold 25 glassine envelopes of heroin to the driver of the Hummer who was identified as Michael Simmons, a 36 year old from Boonton. Narcotics detectives also seized another 50 packets of heroin Michael Simmons had bought earlier. Both men were charged with possession of heroin and the intent to distribute the drug. Sheriff Berdnik also adds that Simmons was wanted on a contempt of court warrant out of Morris County. While Flemmings had an outstanding warrant issued in Bergen County for violating drug court. “Once again, this should be a clear message to anyone coming into Passaic County for the purpose of being involved in illegal drug activity, that you will be arrested,” Berdnik said.
In the same area that day, Sheriff s detectives also observed Alejandro Nieves a 20 year old Paterson man complete a transaction with someone in a fast food restaurant parking lot. When the Sheriff s detectives identified who they were, Alejandro Nieves took off running, and he was caught shortly after and charged with resisting arrest and loitering with the intent to commit a drug offense.
The Sheriff s detectives also found handguns in the area of East 28th Street and 19th Avenue. The seized weapons were a .45 caliber semi-automatic Taurus and a 9mm semi-automatic KelTec handgun, both were found near an industrial building. Sheriff Berdnik also said the Taurus gun was stolen out of Pennsylvania last summer, and the additional gun was stolen out of Georgia in 2013.
Under N.J.S.A. 2C: 35-10 which is possession of heroin, it is a crime of the 3rd degree. If found guilty an individual is looking at a prison sentence of up to 5 years in state prison and a fine of up to $35,000. As well as a 6 month loss of driver s license.
N.J.S.A. 2C: 35-5 which is possession with the intent to distribute, the degree of the crime varies depending on the amount that you are charged with. More than ounce and less than 5 ounces of heroin or cocaine, the charge will be a crime of the 2nd degree and carry a 5 to 10 year sentence in prison and $150,000 in fines. If you are facing charges of selling less than ounce of these substances, you will face a crime of the 3rd degree and 3 to 5 years in prison and $75,000 in fines.
N.J.S.A. 2C: 39-5 which is possession of any handgun without first having a permit to carry the same is guilty of a crime of the 3rd degree and due to the Graves Act, a person is looking at a mandatory fixed prison sentence, of up to 3 years in prison.
N.J.S.A. 2C: 20-7a. which is receiving stolen property and the sentence is on a graded scale, if the property was worth more than $75,000 a person is looking at 5 to 10 years in prison and a fine of $150,000. If the stolen property was between $500 and $75,000, a person is looking at a prison sentence of 3 to 5 years and a fine of $15,000. If the property was valued between $200 and $500, a person is looking at a prison sentence of 18 months and a fine of $10,000.