In New Jersey, the state government has outlined the Controlled Dangerous Substances which you should not be found purchasing or vending. Chances are that you could be awarded severe by the court of law if you are found guilty of the crime. The possession of CDS NJ charge extends even to those people who are driving on the public roads. In fact, this is one of the most common traffic violations in the state. The motor vehicle code spells out the penalties that should be granted to vehicle owners who are found guilty of possessing these substances. If you are a car owner and the police officers have found the drugs in your vehicle, here are some tips that you should consider in proving your innocence.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
The starting point in your defense is to prove to the court on whether you were aware or not aware of the substances being present in your car. The court can only charge you for the crime if you had full knowledge of the substances being in the vehicle at the time of the crime. Otherwise, if you were not aware that the drugs were in your car at the time the search was conducted on the vehicle, then the court will discharge you.
The court can only find you guilty of the offense if the substances were identified while the car was moving. If in any case the drugs are actually discovered in your car but the car was not operational, there is an opportunity for you to prove to the court that you were not driving the vehicle and are innocent of the crime.
Legal possession is another common defense for this charge. You are innocent of this crime if you possess the substances legally. A good example is where the doctor prescribed the substances or you were taking the prescription drugs to a member of your family. It is also important for the prosecution to proof the substance was illegal.
The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.
The final defense that you can use in proving your innocence when you are found in possession of these substances is whether the search and seizure was legal or not. The search is only legal under those circumstances where there was a probable cause or court warrant. The absence of a probable cause to conduct the search will increase the chances of your case being terminated by the court since this is a violation of the defendants rights.
If you have been found guilty of possession of CDS, you can use either of the above defenses to get your case dismissed. A lawyer can help you when you find yourself in this problem.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
The starting point in your defense is to prove to the court on whether you were aware or not aware of the substances being present in your car. The court can only charge you for the crime if you had full knowledge of the substances being in the vehicle at the time of the crime. Otherwise, if you were not aware that the drugs were in your car at the time the search was conducted on the vehicle, then the court will discharge you.
The court can only find you guilty of the offense if the substances were identified while the car was moving. If in any case the drugs are actually discovered in your car but the car was not operational, there is an opportunity for you to prove to the court that you were not driving the vehicle and are innocent of the crime.
Legal possession is another common defense for this charge. You are innocent of this crime if you possess the substances legally. A good example is where the doctor prescribed the substances or you were taking the prescription drugs to a member of your family. It is also important for the prosecution to proof the substance was illegal.
The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.
The final defense that you can use in proving your innocence when you are found in possession of these substances is whether the search and seizure was legal or not. The search is only legal under those circumstances where there was a probable cause or court warrant. The absence of a probable cause to conduct the search will increase the chances of your case being terminated by the court since this is a violation of the defendants rights.
If you have been found guilty of possession of CDS, you can use either of the above defenses to get your case dismissed. A lawyer can help you when you find yourself in this problem.
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