If you’ve been charged with 39:4-49.1, then you’re probably facing drug possession charges too.
This article will explain how we fight to get your drug charges dismissed.
Possession of CDS (controlled dangerous substance) in a motor vehicle
In the world of crime, a Misdemeanor is a minor offense & a Felony is serious. Many cases start out as felonies but end up as a lesser charge.
For more on felony convictions, try reading: NJ Felony (Indictable) Charges: 5 Steps To Start Fighting Back
CDS Possession Penalties
Please know that New Jersey does not have “conditional driver’s licenses”.
This means that if your license is suspended, you can’t get special permission to drive for work.
As a result, a conviction under 39:4-49.1 (operating a vehicle while possessing a CDS) is one of the most serious traffic offenses in NJ.
Legal Defenses For CDS In A Motor Vehicle
As you know, the prosecutor has to prove the government’s case against you.
This means that the prosecutor has to prove that you had “knowledge” of the drugs in your car.
There are many reasons to explain that you had “no knowledge” of any drugs in your car.
For example, have you ever given a ride to someone?
We’ve represented many clients who had this happen to them.cds in a motor vehicle For instance, let’s say that you gave someone a ride years ago.
And that person dropped a baggie between your seats. You had no knowledge that drugs were in your car.
This fact now becomes a legal defense to winning your charges.
Dismissing CDS In A Motor Vehicle
It doesn’t matter if you had a joint, baggie, or bong. All of these things are enough to get charged with CDS Possession in NJ.
As criminal defense lawyers, we use a concept called “merger” to get your charges dismissed.
For example, if you’re facing criminal drug possession charges, we argue that the traffic violation for operating a motor vehicle while having CDS is basically the same thing. As a result, we file a motion to dismiss this charge.
As discussed, you have many options.
It is important to find a lawyer who understands how to navigate the criminal system.
Since it’s such an important decision, take the time to find the right criminal lawyer who can help you.
Once you’ve found a few lawyers you’d like to meet, check to see if they have any client reviews.
If you need more information about your criminal case, here’s a great article to help you get answers:
New Jersey’s Criminal Process: Everything You Need To Know