AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
If you’ve been charged with heroin distribution in Hackensack or anywhere in New Jersey, you face years in state prison, substantial fines, and a permanent criminal record. Penalties range from 3 to 20 years, depending on the amount of heroin involved, and first-degree charges carry mandatory minimum sentences. However, you have options. Charges can sometimes be reduced from distribution to possession. First-time offenders may qualify for Pre-Trial Intervention (PTI), which can result in dismissal. An illegal search can lead to suppression of evidence and case dismissal.
New Jersey heroin distribution lawyer Adam M. Lustberg defends clients charged with heroin distribution throughout Bergen County and New Jersey. He has represented clients at every stage of criminal proceedings, from detention hearings to jury trials. According to the New Jersey Office of the State Medical Examiner, there were approximately 2,564 drug-related deaths in 2023. Despite declining overdose numbers, prosecutors pursue heroin distribution cases aggressively. Our drug crimes attorneys handle cases at the Bergen County Superior Court in Hackensack and throughout NJ.
This guide explains the penalties you face under N.J.S.A. 2C:35-5, how prosecutors prove intent to distribute, defenses that may apply to your case, and options such as PTI and Drug Court that can help you avoid a conviction. Call Lustberg Law Offices, LLC at (201) 880-5311 for a free consultation.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
Under N.J.S.A. 2C:35-5, it is illegal to knowingly or purposely manufacture, distribute, or dispense heroin. It is also illegal to possess heroin with the intent to distribute it. You can face distribution charges even if you never actually sold the drug. Prosecutors can charge you based on the amount of heroin, how it was packaged, and other circumstances suggesting you planned to sell it.
Distribution charges are more serious than simple possession. Possession under N.J.S.A. 2C:35-10 involves having heroin for personal use. Distribution involves selling, transferring, or intending to sell heroin to someone else. The key difference is intent.
Prosecutors don’t need to catch you selling heroin to prove distribution. They can use circumstantial evidence to establish intent. Common indicators include:
Even a relatively small amount of heroin can trigger distribution charges if found with scales and packaging materials. Prosecutors argue these items show you intended to sell the drug. This is why many people face distribution charges when they believed they only possessed heroin for personal use.
Key Takeaway: Under N.J.S.A. 2C:35-5, you can be charged with heroin distribution even if you never sold the drug. Possession of heroin with packaging materials, scales, or large amounts can lead to distribution charges based on prosecutors’ interpretation of intent.
Penalties for heroin distribution depend on the weight of heroin you allegedly possessed with the intent to distribute. New Jersey law counts not only pure heroin but also any adulterants or cutting agents toward the total weight. This means the actual amount of heroin can be minimal, but if mixed with other substances, the total weight determines your charge.
Heroin distribution/possession with intent is graded by weight as a first-, second-, or third-degree indictable crime. For first-degree heroin (5 ounces or more, including adulterants/dilutants), the court must impose a prison term that includes a parole disqualifier set between one-third and one-half of the sentence (absent a qualifying waiver).
| Offense Degree | Weight of Heroin | Prison Term | Parole Ineligibility | Fine |
|---|---|---|---|---|
| Third Degree | Less than 1/2 ounce | 3-5 years | None (eligible for PTI) | Up to $75,000 |
| Second Degree | 1/2 ounce to less than 5 ounces | 5-10 years | Varies (Brimage applies) | Up to $150,000 |
| First Degree | 5 ounces or more | 10-20 years | 1/3 to 1/2 of sentence (mandatory minimum) | Up to $500,000 |
First-degree distribution charges trigger a presumption of incarceration. The judge must impose a prison sentence and set a mandatory minimum term between one-third and one-half of the full sentence. You cannot be considered for parole until you serve the minimum term.
A heroin distribution conviction can trigger a driver’s license suspension. In many cases, the court must impose a suspension between 6 months and 2 years, unless a statutory exception applies.
Key Takeaway: New Jersey counts not just pure heroin but also any cutting agents toward the total weight. Even if actual heroin is minimal, the total substance weight determines your charge degree and potential prison sentence.
Distribution near schools, parks, or public housing triggers separate charges with additional penalties under N.J.S.A. 2C:35-7.
Distributing or possessing heroin with the intent to distribute within 1,000 feet of school property or on a school bus is a third-degree crime with enhanced penalties. A school-zone charge carries a parole ineligibility term that is typically three years (or one-third to one-half of the sentence, whichever is greater), but in some cases the court may waive or reduce that minimum under the statutory criteria. It is still not a defense that you didn’t know a school was nearby.
School zone charges apply regardless of whether school is in session, whether children are present, or whether you knew about the school’s proximity. The 1,000-foot zone is measured from the school property line.
Distribution (or possession with intent) within 500 feet of a public park, public housing facility, or public building is generally a second-degree offense (with a marijuana-only exception).
Many arrests in Bergen County occur near schools and parks, triggering these enhanced charges. Adam M. Lustberg can challenge the distance measurements and zone designations in school zone cases. Measurement errors or improper zone boundaries can sometimes result in dismissal of the enhanced charge.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
The Brimage Guidelines are Attorney General guidelines that standardize how prosecutors make plea offers under N.J.S.A. 2C:35-12, including when they will waive or reduce otherwise mandatory parole disqualifiers in certain drug cases.
Brimage primarily affects second-degree heroin distribution charges (1/2 ounce to less than 5 ounces). The formula removes much of the judge’s discretion and typically results in mandatory prison sentences even for first-time offenders. Courts must follow Brimage unless extraordinary circumstances justify a departure.
The guidelines consider several factors:
An attorney familiar with Brimage can argue for departures based on mitigating circumstances. However, departures are rare and require compelling evidence that the circumstances of your case are truly extraordinary.
New Jersey eliminated cash bail in 2017. The state now uses a risk assessment system rather than requiring defendants to pay money for release. However, prosecutors can still seek to detain you without bail for serious charges like heroin distribution.
When you’re arrested, you receive a risk assessment score based on factors like criminal history, failure to appear record, and your current charges. The Public Safety Assessment (PSA) generates a score that helps judges decide whether to release you pretrial.
The court generally must schedule the detention hearing within three working days of the prosecutor’s motion (unless a continuance is granted). The prosecutor must prove by clear and convincing evidence that no conditions of release can reasonably assure your appearance at court or protect the community.
Detention hearings in Bergen County take place at the Bergen County Justice Center in Hackensack. You have the right to be represented by an attorney at the hearing. Your attorney can challenge the state’s evidence and argue for pretrial release with conditions.
Common pretrial release conditions include:
Adam M. Lustberg has argued in detention hearings under New Jersey’s bail reform system. Even when prosecutors seek detention, effective advocacy at the detention hearing can secure release with monitored conditions.
Key Takeaway: Under New Jersey’s 2017 bail reform, you won’t be held solely because you can’t afford bail. However, prosecutors can seek detention without bail for serious heroin distribution charges. A detention hearing must occur within 48-72 hours, and you have the right to contest the state’s motion.
Adam M. Lustberg is a New Jersey Supreme Court Certified Criminal Trial Attorney with nearly two decades of experience defending clients charged with serious drug offenses. He graduated from Seton Hall University School of Law in 2004 and is admitted to practice in both New Jersey and New York. His experience in criminal defense began with internships at the Essex County Public Defender’s Office and continued through Seton Hall’s Juvenile Justice Clinic.
Since entering private practice, Mr. Lustberg has represented clients at every stage of the criminal justice system, from arraignment to jury trial. Mr. Lustberg has been named to the Super Lawyers Rising Stars list for six consecutive years and was recognized as one of Bergen’s Best Lawyers by (201) Magazine. He was also named to The National Trial Lawyers Top 100 in 2014.
Several defenses can apply to heroin distribution charges. The most effective defense depends on the specific facts of your arrest and the evidence against you.
The Fourth Amendment protects you from unreasonable searches and seizures. Police must have probable cause and, in many situations, a warrant to search your person, vehicle, or home. If police violated your constitutional rights while conducting the search, the heroin cannot be used as evidence against you.
Common Fourth Amendment issues include:
A motion to suppress can exclude illegally obtained evidence. If the heroin is suppressed, prosecutors typically must dismiss the charges because they cannot prove their case.
Constructive possession occurs when drugs are found in a location you control but not on your person. For example, heroin found in a car with multiple occupants or in a shared apartment raises questions about who possessed it.
To prove constructive possession, prosecutors must show you knew the heroin was there and had the ability and intent to control it. If other people had access to the area where heroin was found, you can challenge whether the state can prove you possessed it.
Many heroin possession cases are overcharged as distribution based on questionable evidence. If the amount of heroin is relatively small and there’s no other evidence of distribution intent, your attorney can argue the charge should be reduced to simple possession.
Factors supporting a possession-only argument include:
Your attorney can negotiate with prosecutors to reduce distribution charges to possession, which carries significantly lower penalties and may qualify for diversionary programs.
When should you question the evidence in your case?
Key Takeaway: Many heroin distribution cases involve Fourth Amendment violations. If police searched your car or home without a valid warrant or probable cause, a motion to suppress the evidence can result in dismissal of all charges.
Learn More
First-time offenders and those with minimal criminal records may qualify for programs that allow you to avoid a conviction.
Pre-Trial Intervention (PTI) is a diversionary program for first-time offenders. If you complete PTI successfully, the charges against you are dismissed, and you avoid a criminal record. PTI is generally available for third-degree charges (less than 1/2 ounce of heroin).
PTI requirements typically include:
Adam M. Lustberg has successfully secured PTI admission for first-time heroin distribution defendants. Prosecutors don’t automatically agree to PTI admission, so having an attorney who can present your case effectively to the prosecutor is critical.
Recovery Court (formerly Drug Court) is an alternative to traditional prosecution for defendants with substance abuse issues. Bergen County’s Drug Court program operates out of the Bergen County Justice Center in Hackensack.
Drug Court involves intensive supervision, mandatory treatment, frequent drug testing, and regular court appearances. The program typically lasts 12-18 months. If you complete Drug Court successfully, you may receive a reduced sentence or dismissal of charges.
Drug Court is demanding but provides an opportunity to address addiction while avoiding lengthy prison sentences. The program requires full compliance with treatment and testing requirements.
Key Takeaway: First-time offenders charged with third-degree heroin distribution may qualify for Pre-Trial Intervention (PTI). Successful completion results in dismissal of charges and no criminal record.
Federal heroin distribution charges apply when cases involve interstate trafficking, large quantities, or Drug Enforcement Administration (DEA) investigations. Federal prosecutors have more resources and typically pursue harsher penalties than state prosecutors.
Federal mandatory minimums are based solely on drug weight. Under 21 U.S.C. § 841(b), 100 grams or more of a mixture containing heroin triggers a 5-year mandatory minimum, and 1 kilogram or more triggers a 10-year mandatory minimum. These are actual minimums; the judge cannot sentence below them regardless of mitigating circumstances.
The federal system has no parole. You must serve at least 85% of any federal prison sentence. Federal sentencing guidelines also account for criminal history, resulting in significantly higher sentences for repeat offenders.
If DEA agents were involved in your arrest or investigation, federal charges are possible. Federal prosecutors typically handle multi-state trafficking operations, large-scale distribution networks, and cases involving significant drug quantities.
If your case could involve federal charges, you need an attorney who understands both state and federal systems. Adam M. Lustberg can advocate for your rights at the federal level. Contact Lustberg Law Offices today for a consultation.
A heroin distribution conviction creates a permanent indictable offense (felony) record that affects numerous aspects of your life beyond the prison sentence.
Employment consequences include difficulty passing background checks for most jobs. Many employers refuse to hire anyone with a drug distribution conviction. Professional licenses for healthcare, education, law, and other fields may be denied or revoked.
Housing challenges include rental application denials and ineligibility for public housing. Most landlords conduct background checks, and drug distribution convictions raise serious concerns.
Immigration consequences can be severe for non-citizens. Heroin distribution is an aggravated felony under federal immigration law. A conviction triggers mandatory deportation proceedings with little chance of relief, even for lawful permanent residents.
Other consequences include:
Key Takeaway: A heroin distribution conviction follows you for life. Even after completing your sentence, the felony record affects employment, housing, and professional licensing. Immigration consequences can be severe for non-citizens, including mandatory deportation.
Lustberg Law Offices, LLC represents clients charged with heroin distribution throughout Bergen County and New Jersey. We handle cases in Hackensack, Paramus, Fort Lee, Teaneck, Englewood, Fair Lawn, Bergenfield, Garfield, Lodi, Ridgewood, Mahwah, Rutherford, Lyndhurst, Cliffside Park, Palisades Park, Hasbrouck Heights, Wood-Ridge, and all Bergen County municipalities.
Our office is located in Hackensack, just minutes from the Bergen County Superior Court. We are familiar with local prosecutors, judges, and court procedures. We regularly appear before the Bergen County Prosecutor’s Office and handle detention hearings at the Bergen County Justice Center.
Heroin distribution charges can result in years in state prison and a permanent criminal record that affects employment, housing, and immigration status. The stakes are high, and prosecutors in Bergen County pursue these cases aggressively.
Adam M. Lustberg has defended drug distribution cases since 2004. He challenges illegal searches, negotiates with prosecutors for reduced charges, and fights for PTI admission when appropriate.
Call Lustberg Law Offices, LLC at (201) 880-5311 for a free consultation. Our office is located in Hackensack, and we represent clients throughout Bergen County and New Jersey. We are available 24/7 to discuss your case and explain your options.
Penalties depend on the weight of heroin. Third-degree charges (less than 1/2 ounce) carry 3-5 years in prison and fines up to $75,000. Second-degree charges (1/2 ounce to 5 ounces) carry 5-10 years and fines up to $150,000. First-degree charges (5 ounces or more) carry 10-20 years with mandatory minimum sentences and fines up to $500,000.
Prison is likely for heroin distribution convictions, especially for second-degree and first-degree charges. However, first-time offenders charged with third-degree distribution may qualify for Pre-Trial Intervention (PTI), which allows you to avoid prison and have charges dismissed upon completion. Your attorney can also negotiate for reduced charges or argue for probation in some third-degree cases.
Yes. New Jersey eliminated cash bail in 2017. You cannot be held solely because you can’t afford to pay. However, prosecutors can file a detention motion seeking to hold you without bail. A detention hearing must occur within 48-72 hours, and you have the right to challenge the state’s arguments for detention. Many defendants are released with electronic monitoring and other conditions.
Possession involves having heroin for personal use. Distribution involves selling, transferring, or intending to sell heroin to others. Distribution charges can be based on the amount of heroin, how it was packaged, possession of scales or packaging materials, large amounts of cash, or communications suggesting drug sales. You can be charged with distribution even if you never actually sold heroin.
New Jersey doesn’t use the term “felony.” Heroin distribution is an indictable offense, which is equivalent to a felony in other states. All heroin distribution charges—third-degree, second-degree, and first-degree—are indictable offenses handled in Superior Court. A conviction results in a permanent criminal record.
Pre-Trial Intervention (PTI) is generally available for third-degree heroin distribution charges (less than 1/2 ounce). First-time offenders with minimal or no criminal history are the best candidates. PTI requires completing a supervision period, paying fees, avoiding new arrests, and complying with all program conditions. Successful completion results in dismissal of charges.
Distribution or possession with intent to distribute within 1,000 feet of school property triggers a separate school zone charge under N.J.S.A. 2C:35-7. This is a third-degree crime with a mandatory minimum term of three years of parole ineligibility and fines up to $150,000. The charge applies regardless of whether school is in session or whether you knew about the school’s proximity.
Prosecutors use circumstantial evidence to prove intent. Common indicators include the quantity of heroin, individual packaging (baggies), possession of scales or packaging materials, large amounts of cash, text messages or phone records suggesting sales, and multiple cell phones. Even a relatively small amount can trigger distribution charges if found with paraphernalia suggesting you planned to sell it.
Constructive possession means you didn’t have heroin on your person, but it was found in a place you controlled, like your car or home. Prosecutors must prove you knew the heroin was there and had the ability and intent to control it. If multiple people had access to the location, proving constructive possession becomes more difficult, which can be used as a defense.
Police need probable cause to search your car. They can search without a warrant if they have reason to believe the car contains contraband or evidence of a crime. However, they cannot search based solely on a hunch. If police lacked probable cause, your attorney can file a motion to suppress the evidence, which may result in dismissal of charges.
First-time offenders face the same statutory penalties based on the weight of heroin. However, first-time offenders charged with third-degree distribution (less than 1/2 ounce) may qualify for PTI. They may also be better candidates for reduced charges or favorable plea agreements. Judges can consider a lack of criminal history as a mitigating factor at sentencing, though Brimage Guidelines limit discretion in many cases.
Brimage Guidelines create sentencing uniformity for drug distribution cases. The guidelines establish mandatory incarceration periods and parole ineligibility terms based on drug weight and criminal history. Brimage primarily affects second-degree charges and often results in mandatory prison sentences even for first-time offenders. Courts must follow Brimage unless extraordinary circumstances justify a departure.
Yes. Prosecutors often charge both distribution and possession based on the same drugs. Distribution under N.J.S.A. 2C:35-5 involves intent to sell or transfer heroin. Possession under N.J.S.A. 2C:35-10 involves simply having heroin. If convicted of both, you typically receive sentences on the more serious charge (distribution), and the possession charge may merge.
First-degree distribution (5 ounces or more) carries a mandatory minimum sentence between one-third and one-half of the total sentence imposed. For example, if sentenced to 15 years, you must serve 5 to 7.5 years before becoming eligible for parole. Second-degree charges may also carry mandatory terms under Brimage Guidelines. Third-degree charges generally do not have mandatory minimums.
Yes. Your attorney can negotiate with prosecutors to reduce distribution charges to possession. This is more likely when the amount of heroin is small and evidence of distribution intent is weak. Possession carries lower penalties and may qualify for diversionary programs. Reduction negotiations often occur early in the case or as part of a plea agreement.
A heroin distribution conviction can result in a driver’s license suspension. Under New Jersey law, the suspension is generally between 6 months and 2 years, subject to statutory exceptions, and the start date depends on how the court structures the sentence.
Yes. Heroin distribution is classified as an aggravated felony under federal immigration law. A conviction triggers mandatory deportation proceedings for non-citizens, including lawful permanent residents (green card holders). There is little to no relief available. If you are not a U.S. citizen, the immigration consequences are severe and must be considered before entering any plea.
Invoke your right to remain silent and request an attorney immediately. You are not required to answer questions, and anything you say can be used against you. Police may try to convince you that cooperation will help, but statements made without an attorney present often harm your case. Contact Adam M. Lustberg at (201) 880-5311 before speaking to law enforcement.
Most heroin distribution cases take 6 to 12 months to resolve, though complex cases can take longer. The timeline includes the initial appearance, detention hearing (if applicable), pre-indictment negotiations, grand jury indictment, arraignment, pre-trial conferences, motion practice, and trial or plea. Cases resolved through PTI or plea agreements typically conclude faster than cases going to trial.
Heroin distribution is an indictable offense that may be eligible for expungement after a waiting period. Third-degree and fourth-degree convictions can be expunged after 5 years. Second-degree convictions can be expunged after 10 years. First-degree convictions cannot be expunged. You must have no additional convictions during the waiting period and meet all other statutory requirements.
