Trenton, NJ asked in Criminal Law for New Jersey

Q: Question regarding possession of drugs in the state of NJ

If you are detained and searched by a state trooper and they find what they say is heroin but the person says they don't know what that is are they required to test the drug in your presence before charging you with possession?

Also if there is a prescription pill bottle with a pill in it that doesn't belong as well as paraphernalia to sniff the pills why would they give it back just with the paraphernalia gone?

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3 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: There is no requirement for a field test. The suspected substance will be sent to the State Police Forensic Lab for scientific testing. The remainder of your questions are fact specific and it would be best to retain counsel to go through those as you are facing a 3rd degree charge (3-5 years) for the Heroin.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: No testing requirements prior to trial. As for giving back your pill, cops make mistakes also or what some would say be nice. As for the charge you need to get yourself a good lawyer as your facing from 3 to 5 years in jail and that is just on the heroin charge add another 6 months for the paraphernalia. Worse than the jail for most people is the stigma of the criminal record for a serious offense as it will foreclose many job opportunities in the future. I suggest you set up one of the free in office consultations, most of us lawyers offer.

Leon Matchin
Leon Matchin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: If they suspect heroin so long as it's well grounded suspicion they can arrest you for heroin possession. They can test it later in a lab. I imagine the authorities took the item that was used for sniffing because they don't want anyone to continue using it to sniff anything.

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