What Are The Common Drug Offense Cases That Your Firm Handles?
Common drug offense cases that our firm handles include possession of various types of controlled dangerous substances, possession with intent to distribute of those same substances, and distribution of substances. Those types of charges are the main ones we see, and they can produce a slew of offenses. For instance, possession charges sometimes involve behavior cases such as DWIs and appearing in public intoxicated. On the other side of the spectrum, distribution charges sometimes are associated with money laundering charges and other ancillary offenses.
How Is A Drug Charge Determined To Be At Felony Level In New Jersey?
In New Jersey, a felony drug charge is determined by two factors depending on the type of controlled dangerous substance (CDS) that you’re accused of being associated with. The type of CDS and the quantity that you are accused of possessing or distributing will determine whether the charge is a felony or a disorderly persons offense.
What is Considered Possession, Sale, Distribution And Intent To Distribute Unlawful Drugs?
Possession, sale, distribution, and intent to distribute unlawful drugs are based on the police’s assessment of the quantity of CDS that a person is caught with, and whether that quantity would represent a possession charge, or if it would be indicative of what the police believe is a distribution charge. Other ancillary facts may also exist, such as paraphernalia, and any attenuated facts could lead the police to believe that the drugs involved were meant for distribution.
Can Police Execute A Warrantless Search Of A Vehicle Or A Residence If They Suspect A Drug Crime?
Police can execute a warrantless search of a vehicle or a residence if they suspect a drug crime. It’s rare to have a warrantless search in a house, but yes it can be executed. Warrantless searches of houses are rarer, but if there’s an emergency circumstance, or if the police are in pursuit of somebody who runs into a house, it gives rise to an exception. A warrantless search is more frequently done in motor vehicles because there are more exceptions involved. The mobility of motor vehicles allows the police to search vehicles without warrants under the law. With motor vehicle situations, the police need probable cause for any kind of search, and it is fact sensitive as to whether they need a warrant. You should consult an attorney any time you are searched. Laws are protective in that area, and there’s always something that can be done to assist you.
Can I Receive A Drug-Related Charge If Drugs Are Found In The Vehicle I Was Travelling In?
If drugs are found in the vehicle that you were travelling in, you can receive a drug-related charge. The theory of constructive possession could apply. Constructive possession means that if drugs were found in close quarters in a motor vehicle and nobody claims to be the owner of those drugs, the police could charge whoever has the ability to exercise control over those drugs by simply reaching out and being able to control those drugs. Under the theory of constructive possession, you may be charged with possession just as if they were in your pocket, which is why you should consult an attorney. An attorney can determine if there are things that can be done to help you.
What Are Penalties For Drug-Related Convictions In New Jersey?
In New Jersey, the penalties for drug-related convictions vary depending on the type of drugs you have and your criminal record. For first-time offenders at both the municipal and the county level, regardless of whether it’s a disorderly persons offense or a felony, first-time offenders have the luxury of programs and various probations designed to divert them out of the criminal justice system. For instance, a first-time offender could be given a monitor to wear for a period of time. But, if you pass through those hurdles, the goal would be to dismiss your case after a period of time.
For more information on Drug Related Cases In New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 933-1364 today.
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