If you have been arrested for possession of a drug – controlled dangerous substance (CDS) anywhere in Monmouth County, you should contact an experienced Monmouth County criminal defense lawyer as soon as possible. Unfortunately, many drug arrest defendants choose to wait as long as possible before retaining a lawyer. This can have disastrous consequences.
For example, if you were arrested in any township, borough or city in Monmouth County, you will probably be scheduled for a first appearance in the local Municipal Court having jurisdiction over that municipality. If you are only charged with possession of less than 50 grams of marijuana or possession of drug paraphernalia, your case remain at the municipal court. However, if the charges against you included crimes, or indictable offenses, the case will be sent to the Monmouth County Prosecutor’s Office for their review. These cases include possession of cocaine, heroin, pharmaceutical pills, ecstasy, or distribution or possession with intent to distribute any controlled dangerous substance.
If the prosecutor’s office decides to keep your case, it will be assigned to a particular team within the office. An experienced Monmouth County drug arrest lawyer can communicate with the prosecutor’s office at this early juncture to advocate for you, including trying to have your case assigned to the Pre-Indictment Court, where the most favorable plea resolution can usually be reached. If you do not retain an attorney at this point, your case may simply be presented to a grand jury. If the grand jury returns an indictment against you, this puts you at a serious disadvantage and limits the options available in resolving the case.
Most drug cases in Monmouth County that are litigated are done do through what is known as motion practice. A “motion” is your attorney asking the court to do something, which would typically include throwing out the evidence that was found on you in a drug case. This is known as a motion to suppress evidence. Your attorney will argue that the police did not have reasonable suspicion to stop your vehicle, that there was not probable cause to search and arrest you, etc. If your case features the use of a search warrant, the sufficiency and accuracy of the warrant or the underlying probable cause statement may also be challenged.
Many drug cases involve the use of confidential informants. Your attorney may also make a motion to reveal the identity of that informant. There are other defenses available to drug charges in Monmouth County. Most of these defenses are raised before trial. Trials in drug cases are relatively rare, since most of the important issues in the case are usually resolved through the use of motions.
Drug charges in New Jersey are governed by New Jersey’s Criminal Code, embodied mostly in N.J.S.A. 2C:35. Also See N.J.S.A. 2C:35(a); N.J.S.A. 2C:36-2, et seq. Drug charges are classified as either disorderly persons offenses (Possession of less than 50 grams of marijuana, possession of drug paraphernalia, loitering) or indictable crimes. Almost all drug related offenses include a minimum driver’s license suspension of six months to two years unless a severe hardship to you can be demonstrated.
Manalapan drug arrest, Marlboro drug arrest, Englishtown drug arrest, Freehold drug arrest, Howell drug arrest, Millstone drug arrest, Upper Freehold drug arrest, Allentown drug arrest, Matawan drug arrest, Aberdeen drug arrest, Tinton Falls drug arrest, Colts Neck drug arrest, Neptune drug arrest, Asbury Park, Keansburg drug arrest, Keyport drug arrest, Middletown drug arrest, Red Bank drug arrest, Atlantic Highlands drug arrest, Highlands drug arrest, Hazlet drug arrest, Holmdel drug arrest, Rumson drug arrest, Fair Haven drug arrest, Farmingdale drug arrest, Wall Township drug arrest, Belmar drug arrest Spring Lake drug arrest, Long Branch drug arrest, West Long Branch drug arrest, Eatontown drug arrest, Oceanport drug arrest, Ocean Township drug arrest, Allenhurst drug arrest, Loch Arbor drug arrest, Avon drug arrest, Bradley Beach drug arrest, Bay Head drug arrest, Deal drug arrest.