In most states, CDS is a legal term that stands for the Controlled Dangerous Substances. Every state has a list of non-prescription drugs that are illegal and you are likely to be awarded a criminal charge if the court proves that you were either buying or selling them. The charge for the Possession of CDS NJ in a motor vehicle is a very serious traffic violation. If the court proves without reasonable doubt that you were in possession of the drugs, you are likely to be awarded the most extreme penalties. There are a number of defenses to this crime that you need to be aware of.
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.
One of the most common defenses to this charge is the lack of knowledge on the fact that the illegal drugs were in the car. A person can only be said to be violating this law if they had knowledge that the drugs were in the vehicle. If you were driving another persons car or lack any information on the presence of these substances, then you are not guilty of the offense.
The court can only find you guilty of the offense if the substances were identified while the car was moving. If in any case the drugs are actually discovered in your car but the car was not operational, there is an opportunity for you to prove to the court that you were not driving the vehicle and are innocent of the crime.
It is also possible for the court to dismiss where the possession is legal. The courts will consider your case if you were in possession of prescription drugs for you or for your loved one. All you need to do is to provide proof to the court that you had the legal possession to carry these drugs.
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.
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.
One of the most common defenses to this charge is the lack of knowledge on the fact that the illegal drugs were in the car. A person can only be said to be violating this law if they had knowledge that the drugs were in the vehicle. If you were driving another persons car or lack any information on the presence of these substances, then you are not guilty of the offense.
The court can only find you guilty of the offense if the substances were identified while the car was moving. If in any case the drugs are actually discovered in your car but the car was not operational, there is an opportunity for you to prove to the court that you were not driving the vehicle and are innocent of the crime.
It is also possible for the court to dismiss where the possession is legal. The courts will consider your case if you were in possession of prescription drugs for you or for your loved one. All you need to do is to provide proof to the court that you had the legal possession to carry these drugs.
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.
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.
About the Author:
When you are searching for information about possession of CDS NJ residents can come to our web pages today. More details are available at http://www.njdwicriminaldefenseattorney.com/cds-possession-attorney now.
0 commentaires:
Enregistrer un commentaire