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.
There is no need to be anxious when a police officer stops your vehicle and discovers illegal substances hidden in it. The prosecution needs to provide proof of various elements before the court can charge you for this crime. It is very difficult for the prosecution to proof beyond reasonable doubt that you are actually guilty of the crime. Chances are that the case will be dismissed by the court.
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.
It is very important for you to know that the vehicle must have been operational at the time of the crime for you to be held guilty. The prosecution must prove beyond doubt that the vehicle was in motion. Under those circumstances where the law enforcement officers found the substances in the vehicle but it was not in motion, then you are not guilty of possessing the drugs.
It is also possible for the court to dismiss where the possession is legal. The courts will consider your case if you were in possession of prescription drugs for you or for your loved one. All you need to do is to provide proof to the court that you had the legal possession to carry these drugs.
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.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
There is no need to be anxious when a police officer stops your vehicle and discovers illegal substances hidden in it. The prosecution needs to provide proof of various elements before the court can charge you for this crime. It is very difficult for the prosecution to proof beyond reasonable doubt that you are actually guilty of the crime. Chances are that the case will be dismissed by the court.
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.
It is very important for you to know that the vehicle must have been operational at the time of the crime for you to be held guilty. The prosecution must prove beyond doubt that the vehicle was in motion. Under those circumstances where the law enforcement officers found the substances in the vehicle but it was not in motion, then you are not guilty of possessing the drugs.
It is also possible for the court to dismiss where the possession is legal. The courts will consider your case if you were in possession of prescription drugs for you or for your loved one. All you need to do is to provide proof to the court that you had the legal possession to carry these drugs.
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.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
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