Wayne NJ Possession of Heroin Defense Attorney
Heroin Possession Defense Lawyer in Passaic County, New Jersey
Allissa D. Hascup, experienced criminal defense lawyer, represents clients who have been charged with a wide variety of criminal offenses – ranging from contempt and terroristic threats to sexual assault – throughout New Jersey, including in Wayne, Paterson, Clifton, Little Falls, Totowa, and Haledon.
She has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) as well as Municipal Court (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former Morris County Assistant Prosecutor and Special Deputy Attorney General who handled a variety of serious drug-related cases during the course of her distinguished career. She knows what it takes for the State to prove a drug case beyond a reasonable doubt – and will use that knowledge to defend, and potentially beat, the charges filed against you.
Being charged with a drug crime, such as possession of heroin, can have serious consequences, including hefty fines and in some instances, exposure to jail time. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable. Alissa D. Hascup is prepared to attack the State’s case and put you in a position to achieve the best possible result.
Contact Ms. Hascup anytime for an initial consultation, which is always provided free of charge.
Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition of Heroin in New Jersey: N.J.S.A. 2C:35-10
N.J.S.A. 2C:35-10 sets forth:
a. 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 (C.24:21-1). Any person who violates this section of the criminal code with respect to:
(1) 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 (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison). A fine of up to $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the Fourth Degree (punishable by a term of incarceration up to 18 months in New Jersey State Prison). A fine of up to $15,000.00 may be imposed.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person (punishable by a term of incarceration up to 6 months in the county jail).
NOTE: In prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense (punishable by a term of incarceration up to 6 months in the county jail). Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Contact a Paterson NJ Heroin Possession Defense Lawyer for Immediate Assistance
If you are facing charges for Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition of Heroin, there can be serious consequences associated with a conviction, including hefty fines and, at worst, exposure to jail time. Don’t delay in hiring legal representation. Protect your freedom and your rights.
Alissa D. Hascup, skilled criminal defense lawyer, is available anytime to discuss your case. Contact her now to discuss your charges.