Almost all the states have identified a list of Controlled Dangerous Substances (CDS). These substances have been illegalized and if you are found using or selling these substances, you are charged in a court of law. In most of the states, there are very serious penalties for committing this crime especially if the substances are found in your car. The life-threatening penalties are granted by the court under those circumstances where they find you guilty of Possession of CDS NJ in your vehicle. Some of the strong defenses to the possession of these substances while driving are provided below.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
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.
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.
If you were not driving on the highway or public road at the time when the drugs were found in the vehicle, chances are that you will either be awarded a reduced sentence or have your case dismissed by the court. This is because of a clause that requires one to be charged only if they were driving on a public road or highway.
Under the law, police officers are only allowed to search your vehicle if the court has issued them with a search warrant or in those cases where there is a probable cause to do so. If you are driving and the traffic officer orders you to stop and then conducts a search in your car but they do not have a warrant, the case is usually dismissed by the court. The courts consider this as a breach of the rights of the defendant as provided for under the constitution.
If you have been found guilty of possession of CDS, you can use either of the above defenses to get your case dismissed. A lawyer can help you when you find yourself in this problem.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
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.
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.
If you were not driving on the highway or public road at the time when the drugs were found in the vehicle, chances are that you will either be awarded a reduced sentence or have your case dismissed by the court. This is because of a clause that requires one to be charged only if they were driving on a public road or highway.
Under the law, police officers are only allowed to search your vehicle if the court has issued them with a search warrant or in those cases where there is a probable cause to do so. If you are driving and the traffic officer orders you to stop and then conducts a search in your car but they do not have a warrant, the case is usually dismissed by the court. The courts consider this as a breach of the rights of the defendant as provided for under the constitution.
If you have been found guilty of possession of CDS, you can use either of the above defenses to get your case dismissed. A lawyer can help you when you find yourself in this problem.
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