Protect Your Future Against A Charge Of Simple Drug Possession
Although there has been a trend toward the legalization or decriminalization of marijuana that has swept across the country, the simple possession of marijuana remains illegal both in the state of New Jersey and at the federal level. This also remains true for the possession of other drugs, as well as driving under the influence of marijuana and other drugs.
At Maduabum Law Firm LLC, our attorneys aggressively fight against all types of criminal charges. We have decades of combined experience and the knowledge to protect your interests in the New Jersey criminal justice system. Without the right legal representation, you could lose your freedom and your future. Let us fight for you.
What To Do If You Are Charged
Simple drug possession is often associated with the possession of small amounts of a controlled substance. Typically, these small amounts are for personal use and there can be no inferred intent to sell or distribute based on the minimal amount. The resulting drug charge is often considered to be a minor infraction. For example, in New Jersey, individuals may be charged with simple drug possession when they are found to be in possession of less than 50 grams of marijuana, which is a disorderly person’s offense. However, the possession of 50 grams or more of marijuana is a much more serious offense and can lead to high fines and arrests.
Although simple possession may be considered a minor offense in many cases, pleading guilty to a simple drug possession charge might have a lasting impact. Individuals who plead guilty to drug charges face a lasting criminal record that may impact their ability to obtain a job, pursue a certain career, receive financial assistance and more.
Seeking the advice and assistance of an attorney is advantageous for those individuals charged with simple drug possession. A skilled lawyer can, among other things, help negotiate a reduced charge or alternative sentencing that may avoid a drug conviction on your criminal record. More importantly, an attorney can work with you to ensure that your rights are not violated, and, if they are, the attorney can help ensure that the violations of your rights do not have an unjust impact on the outcome of your case.
Mounting A Strong Defense
Being arrested for possession of a drug does not mean that you cannot defeat the drug charge against you. Like with any case, a prosecutor must prove the elements of the charge in order for you to be found guilty. Typically, a prosecutor must prove that the individual charged knew that they were in possession of the substance and that they knew or reasonably should have known that the substance was unlawful. Failing to prove both elements of the claim means that a prosecutor cannot convict you of the crime. Therefore, a common defense is to challenge one or more elements of the offense.
An individual charged with simple drug possession has at their disposal additional legal defenses even if the prosecutor has proven the elements of a drug charge. For example, most charges for simple drug possession occur in connection with the police searching the home, car or person of the accused. If that search occurred in violation of the individual’s Fourth Amendment rights, it is possible that the evidence of the drugs found would not be admissible. In addition to unlawful searches, police may ultimately violate an individual’s rights with regard to questioning and interrogation. As with searches, police officers must follow strict rules when questioning a suspect. Failing to preserve an individual’s rights during questioning can result in the inadmissibility of certain evidence, including confessions.
Impact Of Drug Offenses
As mentioned earlier, convictions for drug offenses, even simple possession, can have a negative impact on an individual’s ability to obtain or hold a job, obtain financial aid, and stay in school. For example, many universities have codes of conduct that include language regarding drug use and possession. Even a simple drug conviction may cause problems for a student’s standing with a university or may cause them to lose a scholarship. Likewise, a conviction for a simple drug offense may create problems for an individual at their current or future jobs. Many employers have anti-drug policies. Simple possession charges could result in an employee being terminated or a potential employee not being hired. Because a drug possession conviction goes on your permanent record, the impact of a drug case can follow you for a long period of time.
Contact Maduabum Law Firm LLC
The knowledgeable and experienced attorneys at Maduabum Law Firm LLC regularly help individuals charged with simple drug possession. Our team of attorneys will keenly advocate on your behalf, ensure that your rights have not been violated and work to obtain for you a favorable resolution in your case. Contact our office today at 973-756-2788 or by email to schedule a consultation.