While drug possession cases might seem fairly straightforward, defendants charged with drug possession in New Jersey may have a variety of defenses available. These range from defenses based on New Jersey’s statutory definition of drug possession to defenses rooted in the U.S. Constitution. If you have been charged, you will want to promptly consult with an experienced New Jersey drug crime lawyer to find out what defenses you can assert in your case.
If you’ve been charged with drug possession in New Jersey, you are not alone. We regularly represent clients accused of illegally possessing cocaine, fentanyl, heroin, marijuana, meth, prescription medications, and other drugs—and facing a drug possession charge is many individuals’ first introduction to New Jersey’s criminal justice system.
When facing a drug possession charge in New Jersey, it is critical to ensure that you are protecting yourself by all means available. Drug possession is an indictable offense in most cases. This means that a conviction can lead to a substantial fine and prison time. Having a drug possession conviction on your record can also negatively impact your life long after your sentence has been served. Once you hire an experienced New Jersey drug crime lawyer to represent you, your lawyer will be able to determine what defenses you have available based on the facts at hand.
What Do Prosecutors Need to Prove in a New Jersey Drug Possession Case?
Understanding your options when facing a drug possession charge in New Jersey starts with understanding what prosecutors must prove to secure a conviction. New Jersey law requires prosecutors to prove three key elements of a drug possession charge. To secure a conviction, prosecutors must be able to prove each of the following:
- You were in actual or constructive possession
- You were “knowingly or purposely” in possession
- You possessed a “controlled dangerous substance or controlled substance analog”
If prosecutors cannot prove any of these elements, then a conviction is not warranted. With this in mind, exposing gaps in the prosecution’s evidence will be a key defense strategy in many drug possession cases.
How Can You Prevent Prosecutors from Meeting Their Burden of Proof?
So, you’re facing a drug possession charge in New Jersey. How can you prevent prosecutors from meeting their burden of proof? Here are five examples of defenses you could have available:
1. Prosecutors Can’t Prove You Were in Actual or Constructive Possession of a Drug
If the police found drugs in your home, vehicle, or personal belongings, this doesn’t necessarily mean that the drugs were in your “possession.” If prosecutors cannot prove that you were in actual or constructive possession of a drug, then a conviction is unwarranted.
2. Prosecutors Can’t Prove You Were Knowingly or Purposely in Possession of a Drug
Likewise, if prosecutors cannot prove that you were “knowingly or purposely” in possession of a drug, a conviction is unwarranted in this circumstance as well. Proving that you were “knowingly or purposely” in possession requires evidence of your mental state at the time of your arrest. While prosecutors can use various forms of evidence to prove a defendant’s mental state, there are also various defense strategies available.
3. Prosecutors Can’t Prove the Substance in Your Possession Was an Illegal Drug
Prosecutors must also be able to prove that the substance in question was in fact an illegal drug. If prosecutors do not have laboratory evidence confirming the identity of the substance that the police confiscated during your arrest, this can also be enough to prevent prosecutors from meeting their burden of proof.
4. The Police Violated Your Constitutional Rights
When conducting searches, seizures, and arrests, New Jersey police officers must strictly observe suspects’ constitutional rights. If the police conducted an unconstitutional search, seizure, or arrest in your case, this could render all of the prosecution’s evidence inadmissible in court.
5. Prosecutors Have Violated Your Constitutional Rights
Prosecutors must also strictly observe suspects’ and defendants’ constitutional rights. If prosecutors have withheld exculpatory evidence or otherwise infringed your right to a fair and speedy trial, these are also issues that could warrant a motion for pre-trial dismissal.
Again, these are just examples. Depending on the facts of your case, you could also have various other defenses available. Additionally, if avoiding a conviction at trial isn’t realistic based on the facts of your case, you may also be able to seek a plea bargain or enroll in Recovery Court or the Pretrial Intervention Program (PTI).
FAQs: Fighting a Drug Possession Charge in New Jersey
Should I just plead guilty if I got caught with drugs in New Jersey?
No, you should not just plead guilty if you got caught with drugs in New Jersey. A drug possession conviction can have life-altering consequences; and, regardless of the facts of your case, you owe it to yourself to fight by all means available.
Is it worth hiring a lawyer for my drug possession case in New Jersey?
Yes, it is well worth hiring a lawyer for your drug possession case in New Jersey. From evaluating potential defenses to protecting your rights in court, an experienced New Jersey drug crime lawyer can help in several important ways.
What is Recovery Court?
Recovery Court is an option for eligible non-violent drug offenders in New Jersey. If you enroll in Recovery Court, you will be required to complete a series of requirements—similar to being on probation. But you will not have to go to trial, and once you complete the program, you may be eligible to have your entire criminal record expunged automatically.
What is Pre-Trial Intervention?
This program is usually available only to first offenders. If you qualify, you are placed on supervision for 1 to 3 years. If you complete the program, your charges are dismissed, and you are eligible to apply for expungement 6 months after that dismissal.
How Helmer, Conley & Kasselman, P.A. Can Help
At Helmer, Conley & Kasselman, P.A., we provide experienced legal representation for individuals who are facing drug possession charges across New Jersey. If you are facing a drug possession charge, we can help you explore your options and use our experience to fight to avoid unnecessary consequences.
Discuss Your Case with an Experienced New Jersey Drug Crime Lawyer in Confidence
To discuss your case with an experienced New Jersey drug crime lawyer in confidence, contact us today. Call 877-435-6371 or inquire online to arrange a confidential consultation.