Are you currently dealing with drug possession charges? You have limited time to consider your options and choose the best defense.
What are Drug Possession Charges?
New Jersey considers drug possession charges to be the possession, or use, of a dangerous controlled substance. It may also include being under the influence of, or failing to properly dispose of, a controlled substance. The only exception to this is if the controlled substance is legally prescribed to you.
In New Jersey, you can receive drug possession charges in the following ways:
- Summons: Summons are specific charges that require you to appear in court on a certain date.
- Warrant: With a warrant, a police officer is allowed to transport the individual to jail, where they will appear in front of a judge.
- Indictment: An indictment charge is a legal document that comes from the state following a grand jury vote.
- Accusation: An accusation is a charging document that comes from the prosecutor’s office, which often begins the plea-bargaining process.
These details may or may not matter to your defense strategy. However, it is important to consult with a criminal law lawyer to understand your implications.
Potential Drug Possession Defenses
Here are a few drug possession defenses that we may consider:
- Fourth-amendment violation: The Fourth Amendment protects you against illegal search and seizure. This occurs when a police officer does not have a search warrant. This is a common drug possession defense as it usually means that the police officer should have not realistically discovered the possession.
- Constructive possession: Drug possession charges require that the defendant has actual possession of the drugs.
- Case errors: Errors, even minimal ones, in the lab readings or process, can lead to the case being dropped.
- Entrapment: Entrapment occurs when a police officer places pressure on someone to conduct an illegal act. It is illegal in itself.
Other defenses may also be considered, such as proving that the drugs were planted, or that the amount in possession was less than the legal amount. New Jersey has taken recent actions to decriminalize possession of marijuana. While the laws are still being figured out, it does allow individuals to carry a certain amount. This could be used as a defense.
A plea deal may also be available to some individuals. New Jersey has programs in place to reduce the sentencing of first-time offenders.
It is important to note, there isn’t one best defense. The details of your case matter and it is best to discuss it with a criminal defense lawyer.
When to Contact a Drug Defense Lawyer
Drug charges can lead to jail time and expensive fines. They can also lead to a permanent criminal record, which can make it difficult to find employment. If you are dealing with drug possession charges, it is important to consider your options as soon as possible. It is possible that you may only get one chance at a defense. You need to take advantage of this chance by choosing the right drug possession lawyer. Choosing the right criminal defense lawyer can mean the difference between prison time or probation.
Contact an Experienced Cherry Hill Criminal Defense Lawyer About Your Drug Possession Charges in New Jersey
Were you arrested or charged with drug possession in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Garber Law have successfully represented clients charged with drug possession in Camden, Cherry Hill, Gloucester Township, Winslow, and throughout New Jersey. Call (856) 435-5800 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at The Greens of Laurel Oak, 1200 Laurel Oak Road, Suite 104, Vorhees, NJ 08043, as well as an office located in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.