New Jersey state law takes drug charges extremely seriously. Penalties can be severe and if convicted you could face thousands of dollars in fines, years of imprisonment, and various other consequences. Several defenses have proven effective for individuals facing drug charges, particularly stemming from a traffic stop. Below are some of the best defenses to use during a drug case. Read on and discuss your legal options with an experienced Bergen County, New Jersey drug crime lawyer today.
1. Illegal Traffic Stop
Police officers can only conduct traffic stops when they have a valid reason to do so. This can include a reasonable suspicion that the driver is unlicensed, a reasonable suspicion that the vehicle is unregistered, an observation of illegal driving practices, an observation of unlawful physical characteristics of the car, etc.
If the law enforcement officer did not have a legitimate reason to pull you over then they conducted an illegal stop. Any evidence gathered during the illegal stop will be deemed inadmissible.
2. Unlawful Search and Seizure
Individuals are protected from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution. This law states that officers cannot search or take a person’s personal property without first obtaining a valid warrant or having probable cause that illegal activity has occurred. Even if the traffic stop was legal it does not automatically grant law enforcement the right to search your vehicle. If your Fourth Amendment rights were violated it can serve as an effective defense when facing drug charges.
3. Lack of Knowledge
Perhaps the drugs found were not yours. To be charged with possession the prosecution must prove that you had both knowledge of the illegal substance and the ability to control it. Maybe a friend borrowed your car or someone broke in and placed the drugs there. If you genuinely did not know that the drugs were present it could result in your charges being reduced.
4. Prescription
Some controlled substances are illegal to possess without a valid prescription. If you had controlled drugs with you during the traffic stop but you are legally allowed to be in possession of them this could make a strong defense. You should provide evidence that shows that an authorized person prescribed you the medication and you took it as intended.
5. Chain of Custody
When an individual is arrested on drug charges the substance itself is their strongest evidence. The drugs must be labeled, stored, moved, and examined by various individuals and officers. When evidence is handled so often there is potential for contamination or tampering. If your attorney can believably suggest that there were issues with the chain of custody the evidence could be deemed unreliable.
Contact a Skilled Criminal Defense Lawyer
The above defensive strategies can prove beneficial in getting your charges reduced or dismissed but it is important to work with an experienced and knowledgeable attorney. Contact the Law Office of E. Gregory M. Cannarozzi to speak with a skillful lawyer and acquire representation.