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.
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.
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.
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.
There is a specific clause in this law that requires one to be driving on the highway in order for this charge to hold. Under those circumstances where the substances were discovered in your vehicle but you were not driving on a highway, then it is possible for the charges against you to be dropped or reduced.
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.
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.
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.
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.
There is a specific clause in this law that requires one to be driving on the highway in order for this charge to hold. Under those circumstances where the substances were discovered in your vehicle but you were not driving on a highway, then it is possible for the charges against you to be dropped or reduced.
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.
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.
No comments:
Post a Comment