East Windsor Possession of CDS in a Motor Vehicle Attorney
Under the Controlled Substances Act, drugs are divided into schedules according to their propensity for abuse and addiction and their current value to the medical industry. Possession of a scheduled drug without a valid prescription is a criminal offense. If you possess a controlled dangerous substance (“CDS”) without a valid prescription in East Windsor or anywhere in the state, you may be issued a traffic summons for violating N.J.S.A. 39:4-49.1. This offense is usually issued in tandem with a criminal complaint for drug possession. If you were charged with possession of CDS in a motor vehicle (e.g. car, truck, motorcycle, boat, etc.), it is pivotal that you consult an attorney immediately if you want to escape a two year mandatory license suspension and other penalties. Lawyers at the Law Offices of Jonathan F. Marshall are former prosecutors and seasoned trial advocates with over a century of collective experience to offer you. For an immediate consultation to go over your traffic stop, the circumstances that led to your motor vehicle search and any other material issues, contact our office to speak to a criminal lawyer.Charged With Possession of CDS in a Motor Vehicle in East Windsor New Jersey
Possession of a CDS in a motor vehicle is not a criminal charge. Rather, it is a motor vehicle offense that is generally charged alongside the criminal offense of drug possession. Individuals facing this charge need to devote energy and resources to defending their cases just like they would for a criminal offense because the possession of a controlled dangerous substance in a vehicle has penalties of its own, including a mandatory drivers license suspension for two years. To convict an individual in East Windsor Municipal Court of this charge, the prosecutor must prove, beyond reasonable doubt, that: (1) the accused was operating a vehicle; (2) on a highway; (3) there was CDS in the motor vehicle; and (4) the driver knew that the substance was in his or her vehicle.
As previously stated, a drug possession charge is uniformly filed alongside a traffic summons/ticket for possession of CDS in a motor vehicle. The severity of the criminal offense for CDS possession hinges on the type of substance, quantity and whether the accused intended to sell it.
- Cocaine possession is a third degree crime;
- Heroin possession is a third degree crime;
- Possession of less than 50 grams of marijuana is a disorderly persons offense. More than 50 grams is a fourth degree crime;
- MDMA (Molly) possession is a third degree crime; and
- Possession of prescription drugs without a valid prescription is a third degree crime.
The lawyers at The Law Offices of Jonathan F. Marshall have more than 100 years of combined experience defending CDS and drug charges in East Windsor New Jersey. You can contact our firm anytime 24/7 to speak to a criminal defense attorney, including one of our former prosecutors. Call us at 609–683–8102 for the time and consideration needed to review the facts of your case and receive our insights as to how you can avoid a conviction.