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Plumstead Drug Charge – Plumstead DWI Lawyer

11
Sep
2011

by in Criminal Defense, DWI Defense

Plumstead DUI Defense

Plumstead police make several DWI every week in the Township. The town of New Egypt also falls under the Plumstead Police Department. Call now to speak with an experienced defense lawyer if you have been charged with a DUI in Plumstead.

Most DWI arrests in Plumstead usually take place after a traffic stops. Typical reasons are for speeding, changing lanes improperly and other simple motor vehicle violations. While this may seem obvious in the DWI context, there are many cases where operation of the vehicle is a legitimate issue.

This situation commonly occurs in two contexts, before and after the suspected “operation”. First, police may observe an individual staggering out of a bar and walk towards their car with their keys in their hand. In cases like this, the “intent” to operate the vehicle is crucial. Published cases have upheld DUI convictions in this situation.

Another common “operation” issue is after an accident. Police may later turn up at the defendant’s home or arrive at the scene not sure of who was actually operating the car when the accident occurred. Incriminating statements can have a huge impact in a case like this. These factual issues should usually be litigated aggressively since the State has the burden of proving operation of the vehicle beyond a reasonable doubt.

This is only one method of defending against a DWI charge. Many other defenses exist. Call now for an analysis of your case.

Plumstead Drug Charges

The most common CDS (or drug) offenses in Plumstead are for simple possession. Of these, possession of less than 50 grams of marijuana in Plumstead is probably the most common. Possession of less than fifty grams of pot is not a felony or “crime” in New Jersey. However, it is still illegal and classified as a “disorderly persons” offense.

The law that governs this charge is NJSA 2C:35-10a4. The penalty is up to 6 months jail, although receiving jail time is very uncommon, especially for first offenders. The judge can also impose probation and must assess at least $500 in fines and penalties, although the total fines and penalties will usually be around $1,200. What is likely to be the most severe penalty imposed is the mandatory minimum 6 month license suspension.

Other common drug arrests in Plumstead are for possession of CDS, NJSA 2C:35a1. Drug distribution charges are uncommon in Plumstead. Common CDS possession charges in Plumstead and New Egypt are for heroin, cocaine and oxycodone.

Defenses exist to New Jersey drug charges. Most of these pertain to constitutional violations dealing with the search of your car, house or person. Some diversionary programs exist for some first-time offenders. Call now to speak with an attorney about your Ocean County drug charge.

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