Five Steps to Fighting a Drug Possession Charge

JERSEY CITY and NEWARK, New Jersey. If you’ve been charged with drug possession, you might be facing range of uncertainties. You might have many fears about the future. Drug possession charges all over the US are a cause for concern if you find yourself in hot water with the law. If you are being charged with possession of a controlled substance in Texas, or whatever state you are in, you will feel anxious and will want to turn to an attorney as soon as possible. Whether you were caught with small amounts of a controlled substance or were found to be in possession of larger amounts, a drug possession charge can have a serious impact on your life. You could face jail time, probation, and end up with a criminal record. Fortunately, under the law, you are innocent until proven guilty. Every case is unique, and what follows is not intended to be legal advice, nor is it intended to replace the advice that drug possession attorneys, like the Law Office of Eric M. Mark in Jersey City and Newark, New Jersey can provide. Here are things to consider when fighting a drug possession charge:

• Stay silent. Ask for a lawyer. If you are under arrest for a drug possession charge, assert your right to remain silent. Anything you say or do could be used against you. The ACLU offers some guidelines regarding police encounters. For example, while you do have the right to remain silent, you may be required to tell police that you want to assert that right. If officers ask to search your person or property, you have the right to refuse the search, unless officers can produce a warrant. If you are under arrest, always reach out to a qualified attorney.
• Consider whether there is a rehabilitation diversion program available to you. In some cases, the courts will permit you to seek assistance for an addiction rather than sending you to jail.
• Speak to your lawyer about the circumstances of your arrest and ask your attorney to investigate any search that was performed. Any evidence gathered against you must have been gathered legally. If officers searched your car without your consent, you might be able to get any evidence they subsequently found dismissed as evidence. Officers are permitted to look in car windows during a traffic stop, but in some cases, your lawyer may also be able to question the validity of the stop.
• Question the validity of lab tests or road tests. ProPublica recently did an in-depth investigative report that discovered that many of the cheap roadside tests officers use to determine whether a substance was a drug can produce false positives. If your lawyer can cast doubt on the validity of lab results, or roadside tests, your case could potentially be dropped.
• Consider questioning the chain of possession. If you are staying at a friend’s house, open the door to police, and drugs are found on the table, were the drugs really yours? Or were they your friend’s? If the chain of possession isn’t clear, you may be able to cast doubt on the prosecutor’s case.

Every drug possession case is unique and the seriousness of the charges will depend on the type of drug found, the amounts, and other factors including your criminal history and the circumstances of your arrest. If you are facing drug possession charges, much may be at stake. Protect your rights today by speaking to the qualified criminal defense lawyers at the Law Office of Eric M. Mark in Jersey City and Newark, New Jersey.

NEWARK OFFICE
Address: 201 Washington St.
Newark, NJ 07102
Phone: (973) 453-2009
Fax: 973-309-7079
Email:

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JERSEY CITY OFFICE
By Appointment Only
121 Newark Ave., Suite 515
Jersey City, NJ 07302
Phone: (201) 713-2227