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.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
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.
The other defense to this charge is the lack of operation. In this case, the car must have been in operation at the time the substances were found in it. Even if the drugs were found in the vehicle but it was not in operation, the defendant can easily prove that they were not driving the car and did not therefore commit the crime that they have been accused of.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
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.
The other defense for this charge is illegal search and seizure by the law enforcement officers. The law enforcement officers are only required to search your car if they have a warrant to do so or if they have a probable cause. If the police officer stopped the car without any probable cause, the court can dismiss the case on grounds of breach of the constitutional rights of the person.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
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.
The other defense to this charge is the lack of operation. In this case, the car must have been in operation at the time the substances were found in it. Even if the drugs were found in the vehicle but it was not in operation, the defendant can easily prove that they were not driving the car and did not therefore commit the crime that they have been accused of.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
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.
The other defense for this charge is illegal search and seizure by the law enforcement officers. The law enforcement officers are only required to search your car if they have a warrant to do so or if they have a probable cause. If the police officer stopped the car without any probable cause, the court can dismiss the case on grounds of breach of the constitutional rights of the person.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
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