Month: January 2022

Under the Fourth Amendment of the United States Constitution, Americans are protected from unlawful searches and seizures. In other words, law enforcement officials must have probable cause to search a person’s home or automobile for drugs or other evidence of a crime. What is probable cause? Before an officer can search your person or property, he or she must have probable cause to do so. Ideally, the officer will have a valid warrant, which would indicate that the requirements for probable cause have been met. However, searches and seizures can occur without a warrant and are legal if the officer has probable cause, or a reasonable belief that you were involved in a crime or that evidence of a crime will be found in or on the property to be searched. However, this reasonable belief must be based on the officer’s experience and knowledge of the ‘totality of the circumstances surrounding the case. A hunch or ‘feeling’ is not enough to qualify as probable cause. What happens if a search was conducted without probable cause? If an officer conducts an unlawful search or seizure, the evidence collected during that search will be disregarded by the court during your trial, as […]

When an Oradell area resident is facing an arrest for a drug crime it can be a scary and daunting experience. It can also put a person in a position of facing many possible scenarios depending on the type of drugs, the arresting officer, the defendant’s attitude in court, and whether other charges were filed. Determining the potential outcome of the case can be complicated. New Jersey drug laws In New Jersey there are three types of drug offenses a person can commit. These include: Drug possession. This is where a person has drugs on them and was in control of them. Intent to distribute. This is when a person either tries to sell or successfully sells drugs to another person. Selling drugs in school zone. This is where an intended sale or a sale occurred within 1,000 feet of a school zone. The penalties for a drug crime are based on the quantity of drugs a person has, the type of drugs, and the type of drug charge. All drug charges carry the possibility of jail time, but more serious drug crimes have a longer sentence. These are typically for drugs like heroin, cocaine, and methamphetamine. Unauthorized prescription drugs […]