How Can You Fight a Drug Charge in Court?

New Jersey has some of the strictest drug laws in the country. The penalties for a drug-related conviction are severe and can range from several thousand dollars in fines to up to 20 years in prison, depending on the nature and severity of the crime. Whether you have been charged with possession of a small amount of marijuana or distributing, manufacturing, or trafficking a large amount of heroin, fentanyl, or other illegal drugs, it is crucial that you have an experienced lawyer on your side.

What Are Possible Defense Strategies for a Drug Offense Charge?

If you have been arrested and charged with a drug offense, it is imperative that you hire an experienced drug charge lawyer as soon as possible. The following are examples of defense strategies your lawyer may recommend:

• Challenge the prosecution’s evidence that you were in possession of a drug. New Jersey’s drug possession statute says that it is against the law to “possess, actually or constructively” a controlled or dangerous substance. However, if there is insufficient evidence to prove that you possessed the drug in question, this may be a viable defense strategy. Keep in mind, however, that even if you are not physically in possession of drugs, you could still be found guilty if prosecutors can prove that you were aware of the presence of the drug and that you intended to exercise control over the drug that was found in your vicinity.
• You were not knowingly in possession of drugs. Prosecutors must be able to prove that you knew the drugs were there and that you were “knowingly or purposely” in possession of a controlled substance. If the prosecution does not have sufficient evidence to prove that you were knowingly in possession of drugs, this may be an effective defense strategy.
• You have a valid prescription. If you were charged with possession of oxycodone, amphetamines, or another prescription medication and you have a valid prescription or received the medication directly from your physician, you should not face legal consequences. Even if a police officer arrests you if you do not have a copy of your prescription, this should serve as a complete defense once you obtain a copy.
• Police illegally stopped or searched you. The Constitution’s Fourth Amendment states that police must have reasonable suspicion to stop and search you. Unless you provide consent, police must have probable cause. In addition, they are prohibited from targeting you based on race, ethnicity, color, or other personal characteristics. Any evidence obtained during an illegal stop and search will be inadmissible in court.
• Police violated your Miranda rights. Police are legally required to read your Miranda rights once you are taken into custody. If you had not read your rights before being interrogated, anything you say may be inadmissible in court. Even if you admitted to possessing drugs during questioning, this cannot be used against you.
• Evidence is compromised. There are several ways that evidence can be compromised. For example, if there is a chain of custody issue, contamination issues, or the prosecution’s key witness is not trustworthy, this could result in a “not guilty” verdict.
• Prosecutors are unable to meet the burden of proof. They must prove—beyond a reasonable doubt—that you are guilty. If they cannot meet the burden of proof, you will likely be found not guilty.

Why Is it Important to Have Legal Representation?

Having a lawyer for a drug charge in New Jersey is crucial due to the complexities of the state’s legal system and the severe consequences associated with drug offenses. A knowledgeable attorney can navigate the intricacies of New Jersey’s drug laws, including varying charges and penalties based on the type and quantity of the controlled substance involved. They can provide a robust defense, potentially mitigating charges, negotiating plea deals, or even achieving case dismissals. Additionally, an experienced lawyer can safeguard the defendant’s rights throughout the legal process, from arrest to trial, ensuring a fair trial and aiming for the best possible outcome.

The Role of Expert Witnesses

Expert witnesses play a pivotal role in drug charge cases by providing specialized knowledge and insights beyond the average person’s understanding. Their expertise can cover various aspects, such as identifying and classifying controlled substances, analyzing drug quantities, and interpreting lab results.

In a drug charge case, an expert witness can clarify complex technical issues for the judge and jury, offering objective opinions based on their extensive experience and education. Their testimony can be crucial in establishing facts, explaining evidence, and supporting or refuting arguments presented by the defense or prosecution. This authoritative perspective can significantly impact the outcome of the case, aiding in pursuing a fair and just resolution.

What Should I Do if I Have Been Charged?

• Stay Calm and Composed: Try to remain calm and composed so you can think clearly and avoid making impulsive decisions.
• Exercise Your Right to Remain Silent: Politely inform law enforcement that you choose to remain silent and will not answer any questions without your lawyer present.
• Request Legal Representation: Immediately ask for a lawyer, and do not discuss details of your case with anyone else.
• Document the Incident: Write down everything you remember about the incident as soon as possible, including the details of your arrest.
• Avoid Discussing Your Case: Do not discuss your case with friends, family, or social media; these statements can be used against you.
• Follow Legal Advice: Once you have a lawyer, follow their advice closely and provide them with all the necessary information to build your defense.
• Attend All Court Appearances: Make sure to attend all scheduled court appearances on time; missing one can result in further legal complications.
• Prepare for Your Defense: Work with your lawyer to gather any evidence or witnesses that could support your case.

The Freehold Drug Charge Lawyers at Lyons & Associates, P.C. Advocate for Clients Drug Offenses in Court

If you or a loved one are facing drug charges, contact the Freehold drug charge lawyers at Lyons & Associates, P.C. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are located in Somerville, Morristown, and Freehold, New Jersey, where we serve clients in Monmouth County, Mercer County, and Burlington County.

• Category: Criminal Law