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.
Always remember that you are not guilty until the court proves otherwise. So, you should never panic just because a police officer has stopped your car and found the dangerous drugs in your car. This is because the prosecution faces a daunting task of proving some of the elements that make you guilty of this crime. You can rest easy knowing that there is a high probability that the court could prove otherwise and discharge you.
Before the court finds you guilty of the crime, the prosecution needs to proof that you were fully aware of the fact that the substances were in the vehicle. Under those circumstances where the prosecution fails to provide proof of your knowledge on the presence of these substances in the car when the police officers conducted the search, then the case will most likely be dismissed.
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.
Legal possession is another common defense for this charge. You are innocent of this crime if you possess the substances legally. A good example is where the doctor prescribed the substances or you were taking the prescription drugs to a member of your family. It is also important for the prosecution to proof the substance was illegal.
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.
With such powerful tips to guide you when you are charged for possession of illegal drugs while driving, it is easier for you to get a reduced sentence or even have the court dismiss your case. Use a professional to help you.
Always remember that you are not guilty until the court proves otherwise. So, you should never panic just because a police officer has stopped your car and found the dangerous drugs in your car. This is because the prosecution faces a daunting task of proving some of the elements that make you guilty of this crime. You can rest easy knowing that there is a high probability that the court could prove otherwise and discharge you.
Before the court finds you guilty of the crime, the prosecution needs to proof that you were fully aware of the fact that the substances were in the vehicle. Under those circumstances where the prosecution fails to provide proof of your knowledge on the presence of these substances in the car when the police officers conducted the search, then the case will most likely be dismissed.
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.
Legal possession is another common defense for this charge. You are innocent of this crime if you possess the substances legally. A good example is where the doctor prescribed the substances or you were taking the prescription drugs to a member of your family. It is also important for the prosecution to proof the substance was illegal.
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.
With such powerful tips to guide you when you are charged for possession of illegal drugs while driving, it is easier for you to get a reduced sentence or even have the court dismiss your case. Use a professional to help you.
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