Passaic County NJ Heroin Possession Charges Dismissed
CDS Defense Lawyer in Totowa, New Jersey
* Results may vary depending on your particular facts and legal circumstances. *
Alissa Hascup recently represented a client charged with possession of CDS, specifically possession of heroin, in Paterson, New Jersey. Under the statute that pertains to possession of heroin in New Jersey, N.J.S.A. 2C:35-10, possessing any amount of heroin is a third degree indictable crime, which means that heroin charges are handled at the Superior Court in the county where the alleged offense occurred. Because the client in this case was charged in Paterson, their case was adjudicated in Passaic County Superior Court, which is also located in Paterson. Being charged with heroin possession, the defendant in this case was facing a New Jersey State Prison term ranging from 3 to 5 years, a fine of up to $35,000, a six-month driver’s license suspension, and a permanent charge on their criminal record if convicted.
The circumstances of this case were as follows: the defendant was the driver of a vehicle which was occupied by a passenger. When police conducted a motor vehicle stop, searched the vehicle and the vehicle’s occupants, they discovered heroin on the passenger’s person. Although one might assume that only the passenger would face charges for possession of a controlled dangerous substance, this is not the case in New Jersey. In fact, New Jersey law acknowledges two forms of possession: actual possession and constructive possession. As such, a person can be charged with constructively possessing CDS if he or she is aware of the existence of the drug and is able to and has the intention to exercise control over it. In other words, you need not have physical possession of the item on your person, but the State must prove that that you have the power and intention to exercise control over it, either directly through another person or persons.
Alissa is a former Assistant County Prosecutor who knows exactly what the prosecution needs to demonstrate in order to fulfill its burden and secure a conviction in a possession of heroin case. She used her vast experience to convince the State that her client was unaware that the heroin was on his passenger’s person, and was ultimately able to have the charges dismissed. Clearly, this was a fantastic result for the client.
If you have been charged with possession of heroin or possession of another controlled dangerous substance (CDS) in Passaic County or elsewhere in New Jersey, contact Ms. Hascup at 862-257-1200 to discuss your case and learn more about potential defenses to your drug charges. Consultations are always provided free of charge.
