Author: Unknown
•8:38 AM
By Stephanie Russell


In New Jersey, the state government has outlined the Controlled Dangerous Substances which you should not be found purchasing or vending. Chances are that you could be awarded severe by the court of law if you are found guilty of the crime. The possession of CDS NJ charge extends even to those people who are driving on the public roads. In fact, this is one of the most common traffic violations in the state. The motor vehicle code spells out the penalties that should be granted to vehicle owners who are found guilty of possessing these substances. If you are a car owner and the police officers have found the drugs in your vehicle, here are some tips that you should consider in proving your innocence.

There is no need to be anxious when a police officer stops your vehicle and discovers illegal substances hidden in it. The prosecution needs to provide proof of various elements before the court can charge you for this crime. It is very difficult for the prosecution to proof beyond reasonable doubt that you are actually guilty of the crime. Chances are that the case will be dismissed by the court.

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.

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.

The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.

The final defense that you can use in proving your innocence when you are found in possession of these substances is whether the search and seizure was legal or not. The search is only legal under those circumstances where there was a probable cause or court warrant. The absence of a probable cause to conduct the search will increase the chances of your case being terminated by the court since this is a violation of the defendants rights.

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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