A conviction for a drug crime can have life-long consequences on the life of the defendant. These consequences tend to increase depending on the kind of charges as well as the amount and type of drugs involved. While the law is the same, how it applies to the facts tends to vary by case. If you are facing drug charges, your case’s facts are unique and a njcriminaldefensellc.com defense attorney will use a specific approach to your defense. The best attorney to work with has successfully represented people who facing charges similar to yours. They will tailor their legal approach to meet your particular goals and needs.
Different Kinds of Drug Charges
- Drug Possession. Drug possession can be actual or constructive. Actual drug possession happens when the drugs believed to be involved were discovered in your possession. Meanwhile, constructive drug possession is often vague. The situation can include drugs being found in a vehicle. Since no one claimed them, every person inside the vehicle is believed to constructively possess the discovered drugs.
- Drug Trafficking. The number of drugs involved determines drug trafficking. If a huge quantity of drugs is involved, law enforcement will charge an individual with trafficking. When convicted, this person will face fines and jail time. Thus, drug trafficking charges should not be taken lightly.
- Possession with intent to distribute. A person can be charged with this crime when the drugs involved were sufficient enough to make a sale possible.
Common Defenses
Your defense attorney will challenge the case of the prosecutors from all angles and use strong defense tactics such as the following:
- Violations of constitutional rights. Your attorney will determine whether or not law enforcement has reasonable suspicion to apprehend you and probable cause to arrest you. Also, they will look into unlawful searches and seizures, as well as whether you were read your Miranda rights, as we
- Lack of intent. The prosecution must prove your intent to manufacture, distribute, or sell a controlled dangerous substance.
- The burden of proof. The prosecution should prove other elements of their case beyond a reasonable doubt.
- Lawful prescription. In a lot of cases, law enforcement will arrest people for illegal possession of prescription drugs because they cannot produce a valid prescription. But if your prescription is legal for the drugs you possess during your arrest, this can help you avoid a conviction.
- Planting or entrapment. Your attorney may assert that law enforcement officers planted drugs in your house or on you. Also, they will look into the possibility of you being coerced into purchasing or selling illegal drugs.