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.
Before the court finds you guilty of the crime, the prosecution needs to proof that you were fully aware of the fact that the substances were in the vehicle. Under those circumstances where the prosecution fails to provide proof of your knowledge on the presence of these substances in the car when the police officers conducted the search, then the case will most likely be dismissed.
The other defense to this charge is the lack of operation. In this case, the car must have been in operation at the time the substances were found in it. Even if the drugs were found in the vehicle but it was not in operation, the defendant can easily prove that they were not driving the car and did not therefore commit the crime that they have been accused of.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
If you were not driving on the highway or public road at the time when the drugs were found in the vehicle, chances are that you will either be awarded a reduced sentence or have your case dismissed by the court. This is because of a clause that requires one to be charged only if they were driving on a public road or highway.
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.
Before the court finds you guilty of the crime, the prosecution needs to proof that you were fully aware of the fact that the substances were in the vehicle. Under those circumstances where the prosecution fails to provide proof of your knowledge on the presence of these substances in the car when the police officers conducted the search, then the case will most likely be dismissed.
The other defense to this charge is the lack of operation. In this case, the car must have been in operation at the time the substances were found in it. Even if the drugs were found in the vehicle but it was not in operation, the defendant can easily prove that they were not driving the car and did not therefore commit the crime that they have been accused of.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
If you were not driving on the highway or public road at the time when the drugs were found in the vehicle, chances are that you will either be awarded a reduced sentence or have your case dismissed by the court. This is because of a clause that requires one to be charged only if they were driving on a public road or highway.
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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