Atlantic City, NJ Attorney Defends Your Rights in Motor Vehicle Drug Possession Cases
If your vehicle was stopped on a New Jersey roadway by a police officer who suspects wrongdoing, they may want to search your car. It’s important to know your rights because law enforcement is not allowed to search your vehicle without a warrant – except in a couple of specific cases. Further, if the cop removes drugs or weapons during an illegal search, you may have a defense against those charges.
In New Jersey, many drug arrests are the result of a routine motor vehicle stop during which a police officer notices something of potential concern. The officer may begin a warrantless vehicle search because they think evidence might be lost if they don’t act quickly. In some cases, searching your car without a warrant may be approved by a judge. However, if you are facing these types of drug charges, speak to an experienced Atlantic City criminal defense attorney who may be able to argue that the search was illegal. This would mean you couldn’t be charged with anything seized during the illegal search.
What to Do If your Vehicle Was Searched and CDS Were Seized in Atlantic County, Cape May County or Anywhere in NJ
Whether or not the warrantless search of your vehicle will hold up is something that will be decided by a judge. You need to focus on the drug charges. The question at hand is a complex legal one: were actually in “possession” of the illegal substance within the context of the law?
There are two types of criminal drug possession charges: Actual Possession and Constructive Possession.
Actual possession typically means the drugs were on your body or under your immediate control. Constructive possession, on the other hand, leaves a lot more room for speculation.
In constructive possession cases, drugs don’t have to be on your body if authorities believe there is evidence that the drugs belong to you. However, constructive possession cannot be based solely on your presence at the location where the drug is located. Additional circumstances must exist to demonstrate your control over the drugs.
There are many defense strategies available in these circumstances. You need to hire a skilled, experienced lawyer who knows how to represent people charged with drugs or weapons seized in a vehicle search.
John W. Tumelty has successfully defended countless people charged with drug possession and related crimes for more than 35 years. He is a former prosecutor who knows how the other side thinks and he will put that knowledge to work for you. It is essential that you partner with an experienced law firm that understands how complicated drug charges can be. There are multiple layers of drug crime laws, they are constantly changing and they require the extensive legal knowledge derived from years of experience in this area.
New Jersey Criminal Defense Attorney Successfully Defends Clients Facing Severe Penalties for Drug Charges
If you are facing any of the following charges, contact Mr. Tumelty today for a free consultation about your case:
- Simple possession
- Possession with intent
- Drug distribution
- Drug manufacturing
- Illegal prescription medications
- Marijuana possession
- Drug paraphernalia
- Possession of drugs in a vehicle
- Prescription fraud
- Search and seizure of vehicles
- Searches without a warrant
Penalties for drug charges in the state of New Jersey are based on numerous factors, including type of drug(s), amount of drug(s), and whether there is intent to distribute.
Possession of drugs other than marijuana and hashish, typically receive a third degree felony charge. This list of drugs includes cocaine, heroin, oxycontin and ecstasy, among others. The penalty for a third degree felony is 3-5 years in prison and a fine of up to $35,000. It is critical that you find an attorney experienced in all types of drug crime charges, from simple possession to distribution.
Drug charges can have a severely negative impact on the rest of your life. Mr. Tumelty will be by your side, employing creative defense strategies in an effort to get charges downgraded and even possibly dismissed. He will also fight the search of your vehicle that allowed the law enforcement officer to find the drugs.
Contact the Law Offices of John W. Tumelty Today for a Free Consultation about Your Atlantic City or Cape May Drug Charges
If you or someone you love is facing drug charges, including possession, distribution or manufacturing charges, contact a battle-tested Atlantic City, NJ criminal defense lawyer who knows these complex laws and will fight tirelessly to defend you. Talk to John W. Tumelty today for free – by phone or in one of his conveniently located offices in Atlantic City, Somers Point or Marmora. Call Mr. Tumelty toll free at 609.385.4010 or fill out this confidential form and our legal team will contact you shortly.