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Clients’ Rights

Were you arrested for drug possession?

On Behalf of | Mar 2, 2023 | Drug Charges |

With the exception of up to six ounces of marijuana, it is illegal to consciously and knowingly possess or obtain controlled dangerous substances (CDS). In the state of New Jersey, if a law enforcement officer catches you with cocaine or heroin you could face felony charges. You could deal with up to five years of imprisonment and fines that could go as high as $35,000.

However, just because a law enforcement officer caught you in possession of drugs, does not mean you are guilty of a felony.

Defenses for drug charges

You have the right to defend yourself against drug charges, especially when you were not even using to begin with. Here are defenses you can use when faced with drug possession charges:

  • The police officers did not read you your Miranda Rights
  • Police officers stopped you because of racial profiling
  • Police officers searched your property with no probable cause
  • The drugs are not yours or you were completely unaware of their existence
  • The drugs were prescribed by your physician like in the case of medical marijuana, therefore the possession is legal

Illegal search and seizure is prohibited by the law, and any evidence the police found in your car, bag, home or property are deemed inadmissible in court.

Take control of the drug charges against you

Was there a reason the police officer singled you out today? Carefully assess the situation and try not to overreact. Never run from the officer too. If you know in your heart these drug charges are bogus then do not make the situation worse by resisting arrest. You have the right to remain silent until your attorney is present.