According to New Jersey state statutes, it is illegal for an individual to knowingly or purposely possess, or have under his / her control, with intent to distribute, a controlled dangerous substance. There are many sorts of substances defined in the New jersey controlled and dangerous substance statute. These contain, but are not limited to, drugs like marijuana, heroin, cocaine, lysergic acid diethylamide, and methamphetamine.
Generally speaking, there are 4 elements to a possession with intent to distribute crime that the state needs to establish beyond a reasonable doubt to obtain a conviction.
Proof and Evidence Required
First, the state must prove that the substance in evidence is the controlled substance that it is stated to be. Second, they must confirm that the defendant possessed, or had under his/her control, the substance in evidence. Third, that the defendant, while in possession or control of the substance in evidence, had the intention to distribute the substance. Finally, that the accused acted knowingly or purposefully in possessing or controlling with the intent to distribute the substance in evidence.
Should I Plead Guilty? What are the Penalties?
There are many major effects of pleading guilty to a substance charge in New jersey. You will possibly have to show up in open court and tell the judge what you did that makes you guilty of the specific violation. You may possibly also have to say that you have an understanding of that if you plead guilty, you will have a criminal record, that you may go to jail or prison, and that you will have to pay any fines and court costs assessed against you.
You may also have to submit to random substance and urine testing. Also, you may well be expected to produce a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. In several NJ controlled substance instances, the accused may lose his/her driver's license for 6 months to over 2years. More penalites could include community service and the loss of the right to vote.
Facing a drug possession crime arrest is very serious. Depending on the severity of the alleged offense, a conviction for a drug possession crime can lead to heavy fines plus months or even years in prison. If you have been arrested or charged with a drug crime in NJ, do not talk to the police. Contact a local defense lawyer.
