Hopewell Township Possession of CDS in a Motor Vehicle Lawyer
Possession of controlled dangerous substances (CDSs) in a motor vehicle, also known as drug possession in a motor vehicle, is one of the most common drug offenses that occurs in Hopewell Township. These charges are handled by the Hopewell Township municipal court, where you will need an experienced attorney to represent you as you defend against the drug possession charges that have been made against you. The lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience handling drug possession and traffic offense charges and we are ready to put our knowledge and skill to work defending you. Please feel free to contact us by calling 609–683–8102 to schedule a free initial consultation with one of our experienced criminal defense attorneys. We are available to take your call whenever it is convenient for you.Drug Possession In A Motor Vehicle Under N.J.S.A. 39:4-49.1
Under N.J.S.A. 39:4-49.1, someone who has possession of a CDS in a motor vehicle can be charged with the crime of drug possession in a motor vehicle. While this charge is technically a traffic violation, it is often charged alongside additional drug possession charges based on the specific type of drug and quantity of drug that is found in the vehicle. Being found in possession of any of the following in a motor vehicle can result in this charge:
- Any controlled substance that is classified as a Schedule I, II, III, IV or V drug.
- Marijuana, hash, marijuana oil or hashish.
- Any prescription drug that you do not hold a valid prescription for.
In order to obtain a conviction, the state prosecutor must show that you knowingly had possession of the drug in the motor vehicle. “Knowingly” means that you are aware that the drug was in your possession. “Possession” can mean that you either had actual possession of the drug (e.g., the drug was physically located on your body, in your clothing, purse or backpack, etc.) or constructive possession (ie.g., the drug was found somewhere you would have access to, such as a toolbox in the bed of a truck or a trunk of a car).
But your circumstances might support a valid defense against the drug possession in a motor vehicle charge that you are facing. For instance, you may possess a valid prescription for a drug that was found in your possession. Or the circumstances might be that you did not know that the illegal drug was in your possession – someone else may have slipped the drug into the vehicle without your knowledge. The specific defenses that are available to you will depend on the facts of your particular case. You should discuss your situation with an experienced drug offense criminal defense attorney to identify what defenses are available to you and which would be best to present as a defense strategy in court.Criminal Attorneys for Drug Possession In A Motor Vehicle Charge in Hopewell Township
A conviction for possession of a CDS in a motor vehicle can leave you unable to legally drive for up to two years, and you will be ineligible to apply for a hardship driver’s license. With the help of a skilled and experienced Hopewell drug possession attorney, it could be possible for your drug possession in a motor vehicle charges either to be dropped or reduced to a lesser offense that does not carry a driver’s license suspension. When you need help fighting drug possession charges you should turn to the team of experienced criminal defense attorneys at Law Offices of Jonathan F. Marshall. Call us today at 609–683–8102 for a free initial consultation any time 24/7.