Being arrested for drug possession can be frightening and potentially lead to life-altering consequences. Because of the severity of this offense, understanding the defenses you can implement in your drug possession case is crucial in protecting your legal rights and options. Read on for more information and speak with an experienced Mercer County drug crime lawyer to discuss your situation with a skilled legal professional.
Understanding NJ Drug Possession Laws
Under New Jersey Statutes 2C:35-10, “It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice…”
The penalties for drug possession in New Jersey vary depending on the degree of the charge. At the lowest, a disorderly persons offense for drug possession can result in up to 6 months in jail and fines of up to $1,000. The penalties increase as the offense becomes more severe. A first-degree charge could mean 10 to 20 years in prison and up to $500,000 in fines. Because of this, understanding possible defenses is imperative.
What Defenses Work Best in Drug Possession Cases?
After being arrested for drug possession, the first thing you should do is hire a skilled attorney to represent you and protect your best interests. With their help, you can determine which defenses will work best to fight against your charges. The arguments below may be beneficial in your case.
- Illegal search and seizure: The law enforcement officer did not have probable cause, a warrant, or your consent to search your property, whether it was your vehicle, home, or anywhere else. In this case, the evidence obtained could be deemed inadmissible in court.
- Lack of knowledge: You were not aware that the illegal substances existed or were present, and you did not have control over them. They could have belonged to someone else, meaning you were not the one in possession of the drugs.
- Entrapment: Law enforcement officers manipulated the situation and induced you to commit the crime when you would not have done so on your own.
- Chain of custody problems: The evidence could have been tampered with or handled improperly, or there could be doubt that the presented evidence is consistent with the drugs that were seized during your arrest. Any issues with the chain of custody could impact the integrity of the evidence and case against you.
- Substance misidentification: The drugs that were found in your possession could have been a harmless substance, an over-the-counter medication, etc. The prosecution must be able to prove that the substance is a controlled drug. You could challenge the equipment or lab analysis of the substance.
Any of these defenses could apply to your case and work as an effective defense. The prosecution bears the burden of proving your guilt; all you have to do is cast reasonable doubt on their argument. To learn more and secure skilled representation, reach out to a criminal defense attorney today.
