{"id":5128,"date":"2025-05-22T17:55:23","date_gmt":"2025-05-22T17:55:23","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5128"},"modified":"2025-06-11T14:25:37","modified_gmt":"2025-06-11T14:25:37","slug":"controlled-substances","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/controlled-substances\/","title":{"rendered":"Sustancias controladas"},"content":{"rendered":"
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Entrevistador: <\/strong>What about controlled substances, like heroin cases? How\u2019s that going to be different?<\/p>\n\n\n\n

James Abate<\/a>: <\/strong>When we\u2019re deal with controlled substances such as heroin or cocaine, again, that\u2019s going to come under 2C:35-2. Once you\u2019re dealing with heroin, even a small amount can get you in tremendous trouble. Possession of heroin for personal use (less than half an ounce) is a third-degree crime for which you can be sentenced to 18 months up to five years in prison along with a fine of as much as $35,000 and a mandatory six-month suspension of your driving privileges. If they feel that it\u2019s possession of less than half an ounce with the intention to distribute, you\u2019re still talking about a third-degree crime up to five years in prison, but the fine jumps up to $75,000.<\/p>\n\n\n\n

If it\u2019s more than half an ounce and up to five ounces, you\u2019re now dealing with a second-degree crime, and you\u2019re looking at 18 months to five years in prison. Once you get up to second- or third-degree crime, you\u2019re no longer eligible for a pretrial intervention program. If it\u2019s a first offense, you\u2019re going to jail if you\u2019re convicted. If the police can prove the charges, you\u2019re going to jail for a long time. You\u2019re not going to go into pretrial intervention. You\u2019re not going to go into a diversionary program. You are going to jail, and no matter how bad the judge or anyone else feels, you\u2019re going to jail.<\/p>\n\n\n\n

Once you\u2019re over five ounces, you\u2019re now dealing with a first-degree crime. Up to $500,000 fine and a fixed prison sentence of 10 to 20 years. If you are found guilty of heroin trafficking, it\u2019s a 25-year minimum before parole. Selling in the school zone is always going to make crimes worse for you. In the case of heroin, it\u2019s a fixed prison term and a fine of up to $100,000. Heroin is really not something you\u2019re ever going to be in a good situation with when you\u2019ve been found in posesi\u00f3n<\/a> of it, whether it\u2019s for your personal possession, whether it\u2019s for distribution, or whether it\u2019s for trafficking<\/a>.<\/p>\n\n\n\n

Keep in mind these are where the charges start. There are some occasions where you start accused of a third-degree crime and we\u2019re able to convince the prosecutor to reduce it to a fourth-degree crime wherein you become eligible for pretrial intervention. When you get a result like that, that\u2019s assuming you can\u2019t defeat the charges and your attorney has done a really miraculous job to keep you out of jail.<\/p>\n\n\n\n

Prescription Drugs<\/h2>\n\n\n\n

Entrevistador: <\/strong>What about legal or prescription drug cases<\/a>? How are those handled? Are those handled any differently?<\/p>\n\n\n\n

James Abate: <\/strong>Even if you\u2019ve got legal drugs on you, you can still get into minor trouble by transferring them from your own prescription bottle to another bottle. That\u2019s actually against the law. Or not being able to document that they were prescribed. A new wrinkle is what if you buy prescribed marijuana in Colorado or a state that has medical marijuana and then bring it to New Jersey.<\/p>\n\n\n\n

\u00bfHa sido acusado de delitos relacionados con drogas<\/a> in New Jersey? Contact our Abogados penalistas de Nueva Jersey<\/a> con nuestros datos de contacto a continuaci\u00f3n:<\/p>\n\n\n\n

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Recursos sobre delitos de drogas<\/h3>\n\n\n\n