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.
Always remember that you are not guilty until the court proves otherwise. So, you should never panic just because a police officer has stopped your car and found the dangerous drugs in your car. This is because the prosecution faces a daunting task of proving some of the elements that make you guilty of this crime. You can rest easy knowing that there is a high probability that the court could prove otherwise and discharge you.
One of the most common defenses to this charge is the lack of knowledge on the fact that the illegal drugs were in the car. A person can only be said to be violating this law if they had knowledge that the drugs were in the vehicle. If you were driving another persons car or lack any information on the presence of these substances, then you are not guilty of the offense.
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.
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.
There is a specific clause in this law that requires one to be driving on the highway in order for this charge to hold. Under those circumstances where the substances were discovered in your vehicle but you were not driving on a highway, then it is possible for the charges against you to be dropped or reduced.
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.
With such powerful tips to guide you when you are charged for possession of illegal drugs while driving, it is easier for you to get a reduced sentence or even have the court dismiss your case. Use a professional to help you.
Always remember that you are not guilty until the court proves otherwise. So, you should never panic just because a police officer has stopped your car and found the dangerous drugs in your car. This is because the prosecution faces a daunting task of proving some of the elements that make you guilty of this crime. You can rest easy knowing that there is a high probability that the court could prove otherwise and discharge you.
One of the most common defenses to this charge is the lack of knowledge on the fact that the illegal drugs were in the car. A person can only be said to be violating this law if they had knowledge that the drugs were in the vehicle. If you were driving another persons car or lack any information on the presence of these substances, then you are not guilty of the offense.
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.
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.
There is a specific clause in this law that requires one to be driving on the highway in order for this charge to hold. Under those circumstances where the substances were discovered in your vehicle but you were not driving on a highway, then it is possible for the charges against you to be dropped or reduced.
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.
With such powerful tips to guide you when you are charged for possession of illegal drugs while driving, it is easier for you to get a reduced sentence or even have the court dismiss your case. Use a professional to help you.
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