If you’re facing a drug possession charge in New Jersey, there could be severe consequences depending on the type of drug involved, the amount, and how many charges you’ve had in the past. There are a few defenses that could be used in order to try to have your charges reduced or dismissed, especially if you feel that you’ve been wrongly accused.
They are not yours
One of the most common criminal defense claims against drug possession is that the drugs don’t belong to you. It’s possible that the drugs were placed on your person by someone else without your knowledge or that they were in close proximity to you when your vehicle, home, or other personal property was searched. This could result in the drugs belonging to someone else while you were charged because the other person didn’t admit to ownership.
When an officer searches for drugs that could be in your possession, they need to do so in a legal manner. If the officer stops you without reasonable doubt or searches your property without reasonable doubt or even the suspicion that you could have drugs in your possession, then you could claim that an illegal search was conducted. This could mean that any evidence discovered is dismissed, resulting in the charges being dismissed as well.
Is it a drug?
Sometimes, items that you have might look like an illegal drug and really be something else. This can be common with different types of candy or prescription drugs that you’re legally allowed to take. If you can show that you are supposed to be in possession of the substance or that the drug is not an illegal substance, then this could be a defense.
After being charged with drug possession, you could use a defense in court that could make a difference in the punishment that you receive.