In most states, CDS is a legal term that stands for the Controlled Dangerous Substances. Every state has a list of non-prescription drugs that are illegal and you are likely to be awarded a criminal charge if the court proves that you were either buying or selling them. The charge for the Possession of CDS NJ in a motor vehicle is a very serious traffic violation. If the court proves without reasonable doubt that you were in possession of the drugs, you are likely to be awarded the most extreme penalties. There are a number of defenses to this crime that you need to be aware of.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
The starting point in your defense is to prove to the court on whether you were aware or not aware of the substances being present in your car. The court can only charge you for the crime if you had full knowledge of the substances being in the vehicle at the time of the crime. Otherwise, if you were not aware that the drugs were in your car at the time the search was conducted on the vehicle, then the court will discharge you.
It is very important for you to know that the vehicle must have been operational at the time of the crime for you to be held guilty. The prosecution must prove beyond doubt that the vehicle was in motion. Under those circumstances where the law enforcement officers found the substances in the vehicle but it was not in motion, then you are not guilty of possessing the drugs.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
If you were not driving on the highway or public road at the time when the drugs were found in the vehicle, chances are that you will either be awarded a reduced sentence or have your case dismissed by the court. This is because of a clause that requires one to be charged only if they were driving on a public road or highway.
Under the law, police officers are only allowed to search your vehicle if the court has issued them with a search warrant or in those cases where there is a probable cause to do so. If you are driving and the traffic officer orders you to stop and then conducts a search in your car but they do not have a warrant, the case is usually dismissed by the court. The courts consider this as a breach of the rights of the defendant as provided for under the constitution.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
If the law enforcement officers discover that you are operating a vehicle that contains the illegal substances, you should not panic. It is very difficult to prove some of the fundamentals of this charge and the prosecution has to prove these aspects before they can secure a conviction. This is good news for the accused person because there is a chance that the court will dismiss your case on grounds of insufficient evidence.
The starting point in your defense is to prove to the court on whether you were aware or not aware of the substances being present in your car. The court can only charge you for the crime if you had full knowledge of the substances being in the vehicle at the time of the crime. Otherwise, if you were not aware that the drugs were in your car at the time the search was conducted on the vehicle, then the court will discharge you.
It is very important for you to know that the vehicle must have been operational at the time of the crime for you to be held guilty. The prosecution must prove beyond doubt that the vehicle was in motion. Under those circumstances where the law enforcement officers found the substances in the vehicle but it was not in motion, then you are not guilty of possessing the drugs.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
If you were not driving on the highway or public road at the time when the drugs were found in the vehicle, chances are that you will either be awarded a reduced sentence or have your case dismissed by the court. This is because of a clause that requires one to be charged only if they were driving on a public road or highway.
Under the law, police officers are only allowed to search your vehicle if the court has issued them with a search warrant or in those cases where there is a probable cause to do so. If you are driving and the traffic officer orders you to stop and then conducts a search in your car but they do not have a warrant, the case is usually dismissed by the court. The courts consider this as a breach of the rights of the defendant as provided for under the constitution.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
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