Two Middletown Residents Arrested on Heroin Charges
Police arrested Ryan Holfer, 26, of Middletown for the possession of heroin, crack cocaine, drug paraphernalia and also receiving stolen property. Also arrested following a separate incident on the same date was Taylor Hendricks, 28, who is now facing charges of possession of heroin, crack cocaine and drug paraphernalia.
The applicable New Jersey law which prohibits straight possession of heroin is N.J.S.A. 2C:35-10. It is a third degree crime to be found in the possession of this increasingly prevalent controlled dangerous substance. This same law is also applicable even in cases where the drug isn’t even found on the person, but where the person is accused of being aware of the substance’s presence and having control over the drug. This could be in a bag, a vehicle, an apartment or a purse. This is because even if the drug in question is not on the person, the law deems them to intend to exhibit ownership of it and use it if circumstances imply that they had knowledge of the presence of the substance.
If an individual is convicted for possession of heroin then they will have a federal criminal record. They will also be looking at a fine of $35,000 and up to 5 years of prison time. Depending on the county and circumstances, some first time heroin offenders may have to go through inpatient treatment and also receive 5 years of supervision or probation.
The same law, N.J.S.A. 2C:35-10, also applies for the possession of the crack cocaine. Depending upon the amount there are varying degrees. Each degree comes with jail or prison time, a hefty fine and a suspended driver’s license. Typically these possession of a controlled dangerous substance charges mean a third degree crime in which the suspect can expect up to 5 years in jail, a fine of $15,000 and a suspended driver’s license for 6 months.
In the case of receiving stolen property, under N.J.S.A. 2C:20-7, this could mean being charged with a second degree crime. The punishment for a second degree crime is up to 10 years in prison, a $150,000 fine and suspended drivers license. The lowest degree (first degree) crime for stolen property comes with 18 months of jail time and $10,000 in fines. Just like with drug charges there are varying degrees with stolen property penalties.
Further potential penalties may add to Holfer’s and Hendricks’ legal troubles under N.J.S.A. 2C:36-2, which prohibits possessing drug paraphernalia. A disorderly persons offense, this crime could add 6 months of jail time and up to $1,000 in fines to penalties faced under the other applicable statutes in these cases, as well as a driver’s license suspension of 6 months to 2 years.