Being charged with a drug crime in Freehold, NJ, can be an extremely demanding and stressful event in anyone’s life. Our team understands that mistakes happen and believes everyone deserves a second chance. We also know that false accusations occur.
If you’re facing drug charges, don’t lose hope; our Freehold drug crimes lawyer is here to help. For assistance with a drug crime in Freehold, New Jersey, contact an experienced attorney at Noonan & McMahon, LLC at (732) 303 7857 to schedule a free consultation with a Freehold drug crimes attorney.
How Noonan & McMahon, LLC Can Help If You’re Arrested for a Drug Crime in Freehold, New Jersey
If you’ve been arrested for a drug crime in Freehold, New Jersey, partnering with Noonan & McMahon, LLC is a great option to give yourself the best chance at building a successful defense. Here’s how our Freehold criminal defense lawyers can help you:
Listening to Your Side of What Happened
We understand that every story has two sides (at least), and we genuinely believe that your side needs to be heard. Rest assured that we’re on your team, ready to listen and figure out what really happened.
Investigating and Gathering Evidence
A thorough investigation is pivotal to building a strong defense. This involves interviewing any potential witnesses, inspecting the scene of the arrest, and seeking video footage that might help your defense.
Negotiating with Prosecutors
Negotiating with the prosecutor is a time-sensitive, nuanced practice. We’ll use our legal expertise and understanding of the local courts to engage in strategic dialogue on your behalf. The primary aim here would be to either get charges dropped or reduced or obtain lenient penalties through a plea deal.
Representing You at Trial
In the event that your case proceeds to trial, we’ll defend you every step of the way. We will prepare opening and closing arguments, present evidence for your defense, and cross-examine witnesses to dispute the prosecutor’s evidence.
If you’ve been charged with a drug crime in Freehold, NJ, we understand how distressing this can be. Let us help you; contact Noonan & McMahon, LLC to schedule a free consultation with a Freehold drug crimes attorney.
Overview of Drug Crimes in New Jersey
In New Jersey, there are several different drug crimes a person can be charged with, and they should always be taken seriously. Two of the most common drug crimes charged that you need to be aware of include the following:
Possession of a Controlled Substance
In order to be charged with possession, you must have knowingly obtained an illegal substance or had it on your person or under your control (known as constructive possession).
This means you don’t even need to be in physical contact with the substance to be charged with possession – for example, drugs found on your living room table or in a drawer inside your house can be attributed to you.
This law includes scheduled drugs like cocaine and heroin but also prescription medications if they are possessed without a legitimate medical prescription.
Possession With Intent to Distribute
This crime is much more serious than simple possession. To be charged with this crime, you must have a controlled substance in your possession and have the intent to sell it, or you must have been caught selling the drug.
If police find substantial amounts of drugs in your possession, along with other items that lead them to believe you could be selling – like scales and small baggies – you can be charged with this crime.
If you’re charged with a drug crime in New Jersey, it’s advisable to speak with a criminal defense attorney as soon as possible.
What Are the Penalties for Drug Crimes in Freehold, New Jersey?
In New Jersey, the penalties for drug convictions can vary greatly depending on the specifics of your case. The penalties for possession depend on the amount and type of substance. Charges related to possession with intent to distribute draw harsher penalties compared to simple possession. The following are some general consequences you could face for drug crimes:
Penalties for Possession of Marijuana
In New Jersey, the law permits the possession of up to 6 ounces of marijuana. However, possessing more than this amount can lead to stringent penalties, including incarceration for 18 months and a possible fine reaching as high as $25,000.
Penalties for Possessing Other Substances
For possession charges involving more dangerous drugs like heroin, cocaine, or unlawfully obtained prescription drugs, the penalties can be quite severe. You could face five years of imprisonment and a $25,000 fine, along with mandatory substance abuse classes.
Penalties for Possession With Intent to Deliver
New Jersey law takes crimes associated with the intent to distribute illicit substances very seriously. The exact penalties depend on both the type and quantity of drugs involved.
Those found guilty can face exceptionally harsh sentences, such as incarceration for up to 20 years coupled with a significant fine of up to $500,000.
Regardless of your situation, it’s essential to secure immediate legal support if charged with one of these offenses.
What Defenses Can Be Raised if I’m Arrested for a Drug Crime?
If you’re arrested for a drug crime in New Jersey, it is crucial to have skilled legal representation that can build the most effective defense strategy possible. Here are some defenses to consider:
Lack of Possession
Even if the drugs were found near you or in your property, this does not automatically mean you are guilty. You could argue you did not actually possess the drugs because they belonged to someone else, and you did not have control over them.
Unlawful Search and Seizure
Your defense strategy could also rely on challenging how the drugs were found. According to the Fourth Amendment, everyone has a right to be free from unreasonable searches and seizures. This means law enforcement officers must obtain a valid search warrant or have probable cause to search you or your property without a warrant.
If they collected evidence illegally, a lawyer can file a motion to have this evidence suppressed, meaning they can’t use it against you going forward.
Mistaken Identity or False Accusations
Being wrongly identified or falsely accused is unfortunately common in the criminal system. Your defense can be built around proving you’re the wrong individual and you’ve been mistaken for someone else who committed the crime. Another aspect of this argument could be that the false accusations were made against you due to some form of bias.
Entrapment
Another strategy for your defense could involve claiming entrapment by law enforcement. If you can prove they coerced or induced you into committing a drug-related crime that you were not predisposed to committing on your own, this could lead to an acquittal. This is a tough defense to use successfully, but it does happen.
Insufficient Evidence
Your defense could be predicated on the prosecution’s lack of substantial evidence to back their allegation against you. In a criminal case, they are required to establish your guilt beyond a reasonable doubt – an incredibly high standard of proof. If there isn’t enough evidence tying you directly to the crime, this could lead to reasonable doubt which would lead to an acquittal.
Navigating drug charges requires in-depth legal knowledge and advocacy. With so much at stake, it’s always a good idea to seek professional assistance.
If you are facing drug charges in Freehold, NJ, protect your rights by hiring an experienced legal team committed to fighting for you. Don’t try to navigate these complex matters alone; the stakes are too high. Let us help you protect your freedom and your future. Contact an experienced attorney Noonan & McMahon, LLC today to schedule a free consultation with a Freehold drug crimes attorney.