Unfortunately, there is a large current epidemic of heroin. It has resurfaced from the 1960’s. I’ve been advised that the purchase of heroin is less expensive currently than the purchase of cocaine or other controlled substances. However, all of them are illicit.
Conviction of possession of heroin can range from a class A simple misdemeanor to a year in jail, or jail and probation, jail probation and a fine up to 25 to life depending on the sale and quantity of heroin. The significance of heroin prosecutions today are that most District Attorney’s offices do not plea bargain or reduce heroin possession or heroin sale cases.
Heroin possession on its own is a felony, but if you are charged possession with the intent to distribute, you are going to receive much stronger convictions, including more fines and/or jail time. It is important to evaluate your decision to possess or sell heroin, as having a felony on your record can make it so you can no longer vote and can have an impact on any jobs that you may want to have in your future.
In the event that you are convicted of possession of heroin, you may be able to qualify for a drug diversion program, which is when the court will send you through an 18-month drug rehabilitation program and give you drug tests at random to determine whether you are staying drug-free. Ask your attorney if this is a possibility for your particular case.
It is really important to get a quality experienced criminal defense attorney. Not only to handle the criminal defense of the case but also to address independently any substance dependence or abuse.
If you are in need of legal counsel in New York State, please feel free to contact Grunwald & Seman, P.C. and we would be happy to assist you.