State and federal authorities take crimes related to controlled substances seriously. Steep penalties, including lengthy prison terms and high monetary fines, are associated with conviction in these cases. While facing this kind of jeopardy can be overwhelming, it is helpful to remember that a conviction is never guaranteed.
You have the right to defend yourself with help from a Jersey City drug lawyer. The right strategy could make the difference between a verdict of guilt and innocence in a court of law. Instead of accepting your fate, you should schedule a consultation with a knowledgeable criminal defense attorney.
There are many ways to violate state and federal laws regarding controlled substances. The most common is possession of a drug without authorization, including street narcotics or medication without a valid prescription.
The severity of a possession charge depends on how the substance is classified under federal law. The FDA has five drug categories, referred to as schedules. Schedules IV and V describe prescription drugs and components used to make other controlled substances. They generally carry the lowest penalties. At the other end of the spectrum are addictive narcotics like heroin, which is a Schedule I narcotic.
Distributing a controlled substance is a more serious offense than possession. Distribution charges are brought in cases where a person has far more drugs than what they need for personal use. For particularly large amounts of drugs, this offense can be treated as a first-degree felony, which carries the potential for years in prison. A drug lawyer in Jersey City could fight to have the charges reduced.
A Jersey City attorney could help with a drug charge in many ways. For example, they could investigate the circumstances of the arrest, negotiate with the prosecution, and identify the strongest possible defense strategy available.
One of the strongest strategies involves arguing that a police search is illegal. Law enforcement can only search a car or home under specific circumstances. Any evidence found during an illegal search can be excluded at trial.
The prosecution has some flexibility when it comes to proving a defendant possessed a controlled substance. While these cases often involve drugs hidden on an individual’s body, arrests are possible in other situations. The government only must prove a controlled substance was in a person’s control. This might mean it is locked in their trunk or hidden under their bed. However, possession can become murky when the drugs are found in a shared space. It might be possible to argue the drugs belonged to someone else.
There must be some criminal mental state for someone to be guilty of a drug offense. If the accused did not know they possessed drugs or were unaware that the substance they had was illegal, they have not committed a crime.
Facing these charges alone can be intimidating, especially when a conviction could cost you thousands of dollars and years of your life. The good news is that help is available. Reach out to a Jersey City drug lawyer today to learn more.