Two Elizabeth men were scheduled to be sentenced last week to extended terms of imprisonment on charges of heroin possession and distribution. The drugs were discovered as a result of execution of a search warrant at the defendants’ apartment on Olive Street in the City of Elizabeth. A total of 450 folds of heroin, 16 bags of cocaine and some marijuana were recovered by members of the Narcotics Unit of the Elizabeth Police Department.
An indictment of both men was returned by a grand jury empaneled in Elizabeth in 2016. A trial was conducted in August and resulted in the men being found guilty. Since the defendants have prior convictions for distributing controlled dangerous substances, they were exposed to an extended term of imprisonment at sentencing before the Honorable Robert Kirsch at the Union County Superior Court in Elizabeth. They were sentenced on October 27, 2017.
These defendants were convicted of third degree possession and third degree distribution of heroin in Elizabeth New Jersey. Typically, either offense would carry up to 5 years in prison and a fine of up to $75,000. However, since both individuals were previously convicted of distributing CDS, they fell under both the Brimage Guidelines and were extended term eligible. The Brimage guidelines impose a period of parole ineligibility, also referred to as a mandatory minimum term of imprisonment, when someone is convicted on a second or subsequent occasion under N.J.S.A. 2C:35-5. The prison sentence doubled when someone is sentenced to an extended term of imprisonment as in this possession of heroin case.
Elizabeth NJ Heroin Possession Defense Lawyers
The heroin epidemic can been seen in full force in Elizabeth New Jersey. The community not only experiences the drug issues that you would expect in an inner city but also is the home of the Union County Superior Court where all heroin possession charges arising in the county are adjudicated. The defense lawyers at our firm have over 100 years of combined experience defending clients charged with heroin possession in Union County. The former prosecutors and skilled attorneys at the Law Offices of Jonathan F. Marshall have extensive knowledgeable of the court system and what goes into successfully defending an Elizabeth heroin possession case. To speak to a lawyer who can help you avoid a conviction under N.J.S.A. 2C:35-10 or 2C:35-5, contact our office. An attorney on our team can be reached 24/7 at 908-272-1700.
For additional details of the heroin possession case, please refer to the following article: Elizabeth Men Who Kept Heroin in Their Apartment Face 10 Years in Prison
