How to Beat Drug Offenses in New Jersey
The most common type of drug possession is marijuana.
The most prevalent kind of drug possession is marijuana possession in the state of New Jersey. The relevant law is NJSA 2C:35-10(a)4, and the case is handled in municipal court as a disorderly persons level misdemeanor. On top of the marijuana charge, a disorderly person’s possession charge for drug paraphernalia is frequently an additional charge. The relevant law is NJSA 2C:36-2. Possession of a controlled hazardous substance is the second most frequent drug-related violation. This offense is covered by NJSA 2C:35-10(a)1, and it is an indictable third-degree crime. Criminal activity is indictable. If you find yourself in this predicament, you need the immediate help of an attorney experienced in this kind of law. Someone like Jonathan F. Marshal.
How can these kinds of charges be dropped?
Do you require information on how to have a charge of drug possession dropped against you? Defending yourself against a drug possession charge in New Jersey typically involves:
- Denying the allegation.
- Arguing that the evidence against you is insufficient.
- Challenging an illegal search.
- Challenging a laboratory report.
- Relying on statutory defenses.
Illegal searches
The US Constitution’s Fourth Amendment safeguards against arbitrary searches and seizures. Police frequently require a warrant to conduct a legal search. Unauthorized searches are assumed to be illegal.
There isn’t always a need for a warrant. Where there is no reasonable expectation of privacy, police are permitted to search for objects and locations. In plain sight, narcotics may also be seized by police. Sometimes a suspect consents to the police searching their vehicle. The New Jersey Supreme Court has given the go-ahead for “probable cause” motor vehicle searches. Previously, this exception was not applicable. There are a few circumstances where police may search a property without a warrant. But they are rare.
Violations of Discovery
In a drug case, the state requires giving you several things. You have the right to see all of the prosecution’s evidence in an NJ state court. If you don’t, your case might have its evidence suppressed. In other words, the judge has decided to exclude the evidence in your case. Your case can be dismissed as a result of this. Once the lab report is dismissed, it might be impossible for the state to continue prosecuting you.
This does not occur by default. Your lawyer must be proactive and thorough. You must submit a discovery request to make the state legally obligated. The court must thoroughly examine the presented discoveries. You bring up any important missing information with the judge. By submitting a motion for discovery, you achieve this. The term “Holup” is occasionally used to describe this motion.
Entrapment
When a police officer coerces or convinces someone to do a crime they wouldn’t otherwise commit, it is called entrapment. Police frequently carry out narcotics “controlled buys.” At this point, the cops arrange the transaction and oversee it. In New Jersey, entrapment is a legal defense. Entrapment may be a viable defense in your case, depending on the specifics.
