What Happens After You Have Been Charged with a Crime
New Jersey has very strict penalties for controlled dangerous substances (CDS). Possession of drugs, drug paraphernalia, drug distribution, or being under the influence of drugs, such as marijuana, heroin, cocaine, methamphetamines, and legal medications where no valid prescriptions have been issued, carry possible jail time, criminal records, mandatory loss of driver’s licenses (even if no automobile was involved), and large fines. Through investigation and plea deals, I have been very successful in eliminating many if not all of these penalties for my clients.
In many cases, if this is a first offense I am able to have the charges conditionally dismissed without any criminal record occurring!
What you can expect from my representation for all drug charges:
Once retained as your attorney, I immediately file a Not Guilty Plea in writing, and request all available discovery (evidence that the State may have against you) and request a postponement of your Court date until the evidence is received and reviewed. Upon a proper and timely request, the State must provide all evidence that will be introduced at time of trial to prove you guilty beyond a reasonable doubt. This is a very high standard, and if requested properly, a Judge will not allow the State to Prosecute you unless all relevant evidence is provided to your attorney for review and evaluate.
WHAT AM I LOOKING FOR IN THE EVIDENCE?
Did the police follow proper procedures and protections given to you by the Constitution?
Once retained as your attorney, we first must decide if the State can prove you guilty beyond a reasonable doubt. I will investigate every claim thoroughly to ensure there was a proper reason (probable cause) for the police to stop you initially. I will also review all information to make sure that your Constitutional rights were not violated throughout the arrest process. These rights include your 4th Amendment right to avoid an unreasonable search and seizure, and ensuring that your Miranda rights were not violated. In instances when proper procedures were not followed, a suppression motions may be filed with the Court requesting the Judge to exclude evidence found against you. If successful, the State often will not be able to proceed against you on these charges.
Can the State provide a Certified Laboratory Report?
In all cases involving drug charges, I request a certified laboratory report from the State of New Jersey. I request the samples found be tested in a State Lab, and request a report be returned confirming that this test was done, and what substance was found. Due to small quantities, chain of custody issues, or other reasons, there are times when lab reports cannot be supplied. If a lab report is not supplied timely, or if the lab report comes back negative, I would move to have your matter dismissed.
Drug Crime Charges
There are times where you might be with another individual or group of people and everybody at the scene is charged with a drug crime. These types of cases must be viewed carefully on an individual basis. These cases are very fact specific, but depending on where the drugs were found, and what statements have been given to the police, there are defenses that can be raised that would allow some people charged to have their cases dismissed, while others charged at the same time and place are found guilty.
Enough Evidence to Convict You
In many cases, I find the State acted properly, and there is enough evidence to convict. If this is your situation, you are still absolutely entitled to review all evidence, and make sure that the State can prove their burden of proof beyond a reasonable doubt. Neither the Prosecutor, nor a Judge, will hold it against you to slow the process down so you are given a chance to review this information. However, once reviewed, if the evidence is against you, now is the time to negotiate a reasonable plea deal.
This is not the time to play games, request a deal that is not reasonable, or irritate the Prosecutor for no valid reason. These charges will have serious consequences on you life, and the goal in a plea bargain deal is to find a way to minimize these consequences.
The State is under no obligation to enter into a Plea deal, and may request a Judge to impose a maximum sentence upon conviction. Possible sentences for all drug charges can include jail time, loss of driving licenses, criminal records, high fines, probation, and community service.
I have been admitted to practice law since 1991, and negotiated countless numbers of Plea Deals on behalf of my clients. If you are a first time offender, I can typically have your case dismissed on the condition of drug testing and avoiding further arrests for a certain length of time. If this is not your first offense, we would look to avoid jail time, seek downgrades, dismissals of secondary charges, reduce fines, and if appropriate, present a hardship application to save your drier’s license. The State will not look to walk away from a conviction when they believe they have enough evidence to prove the State’s Case, but they will be open to discuss reasonable penalties. You need to hire an experienced attorney.
Start Protecting Your Rights by Calling David W. Polsky Today!
Give me a call at (973) 686-9787. We can discuss your case, and I will give you a free phone consultation with no obligation. If you decide to retain my services, I offer reasonable flat fees, with payment plans possible. If you are unable to get to my office, we can get started initially by phone.
I understand that if you or a loved one has been charged with a drug crime, this can be a very stressful time. What occurs next can either have a great impact on your life, or it can be minimized. This is your life, and you owe it to yourself to speak with an experienced attorney.
David W. Polsky Admitted to the New Jersey Bar in 1991.