In short, there are very strict federal and state drug laws, and there are many different ways in which you can violate them. So if you believe you are being wrongfully charged for a drug possession offense, you must do everything in your power to prove your innocence before it is too late. Without further ado, please continue reading to learn the defenses you can adopt for drug possession accusations placed against you and how an experienced Morris County drug crime lawyer at Macri Law Firm can fight to drop these charges altogether.
Why do I need to fight against drug possession accusations?
Essentially, being found guilty of violating a drug law can result in serious punishments inflicted by the New Jersey criminal court. The degree of discipline enacted may depend on the exact drug crime you are found guilty of. Namely, state law recognizes misdemeanor possession, felony possession, and possession with intent to distribute as separate offenses.
Also, your penalties may be based on the type of drug and the quantity you possess. Generally speaking, the consequences for a misdemeanor possession may entail jail time of up to six months and fines of up to $1,000. As for felony possession and possession with intent to distribute, this may be as drastic as prison time of up to 20 years and fines of up to $500,000.
What are the best possible defenses against drug possession charges?
Obviously, you want to put your best efforts toward your criminal defense case to avoid jail or prison time, hefty fines, and a permanent criminal record. That said, you must evaluate the extenuating circumstances surrounding your drug possession arrest and possibly pick from any one of the following defense strategies:
- You may argue you had an unwitting possession of the drugs (i.e., they were in a shared space, a borrowed car, etc).
- You may argue you lacked actual or constructive possession of the drugs (i.e., they were in a hidden or restricted location).
- You may argue that you have a valid prescription and underlying health condition for the drugs found in your possession.
- You may argue that an arresting officer did not have a warrant, probable cause, or valid consent to search you for drugs.
- You may argue that an issue with the chain of custody or lab analysis compromises the drugs as valid evidence in court.
- You may argue that law enforcement coerced you to commit a crime you would have refrained from (i.e., entrapment).
Importantly, you cannot make these baseless claims and hope for the best. Rather, you must gather abundant evidence to submit to the New Jersey criminal court in preparation for presenting your defense. Depending on your exact argument, this may consist of witness testimony, expert testimony, medical records, footage of your arrest, and much more.
Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a skilled Morris County, New Jersey criminal defense lawyer. Contact our office, Macri Law Firm, right now; someone will be more than happy to speak with you.