In most states, CDS is a legal term that stands for the Controlled Dangerous Substances. Every state has a list of non-prescription drugs that are illegal and you are likely to be awarded a criminal charge if the court proves that you were either buying or selling them. The charge for the Possession of CDS NJ in a motor vehicle is a very serious traffic violation. If the court proves without reasonable doubt that you were in possession of the drugs, you are likely to be awarded the most extreme penalties. There are a number of defenses to this crime that you need to be aware of.
There is no need to be anxious when a police officer stops your vehicle and discovers illegal substances hidden in it. The prosecution needs to provide proof of various elements before the court can charge you for this crime. It is very difficult for the prosecution to proof beyond reasonable doubt that you are actually guilty of the crime. Chances are that the case will be dismissed by the court.
Before the court finds you guilty of the crime, the prosecution needs to proof that you were fully aware of the fact that the substances were in the vehicle. Under those circumstances where the prosecution fails to provide proof of your knowledge on the presence of these substances in the car when the police officers conducted the search, then the case will most likely be dismissed.
It is very important for you to know that the vehicle must have been operational at the time of the crime for you to be held guilty. The prosecution must prove beyond doubt that the vehicle was in motion. Under those circumstances where the law enforcement officers found the substances in the vehicle but it was not in motion, then you are not guilty of possessing the drugs.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.
The other defense for this charge is illegal search and seizure by the law enforcement officers. The law enforcement officers are only required to search your car if they have a warrant to do so or if they have a probable cause. If the police officer stopped the car without any probable cause, the court can dismiss the case on grounds of breach of the constitutional rights of the person.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
There is no need to be anxious when a police officer stops your vehicle and discovers illegal substances hidden in it. The prosecution needs to provide proof of various elements before the court can charge you for this crime. It is very difficult for the prosecution to proof beyond reasonable doubt that you are actually guilty of the crime. Chances are that the case will be dismissed by the court.
Before the court finds you guilty of the crime, the prosecution needs to proof that you were fully aware of the fact that the substances were in the vehicle. Under those circumstances where the prosecution fails to provide proof of your knowledge on the presence of these substances in the car when the police officers conducted the search, then the case will most likely be dismissed.
It is very important for you to know that the vehicle must have been operational at the time of the crime for you to be held guilty. The prosecution must prove beyond doubt that the vehicle was in motion. Under those circumstances where the law enforcement officers found the substances in the vehicle but it was not in motion, then you are not guilty of possessing the drugs.
The defendant also needs to prove if they possessed the drugs legally. There is a very high probability that the case will be dismissed under those circumstances where you had the legal permission to possess the drugs. This is especially true in the case of prescription drugs for you or your family members. In such cases, the jurists usually dismiss the case.
The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.
The other defense for this charge is illegal search and seizure by the law enforcement officers. The law enforcement officers are only required to search your car if they have a warrant to do so or if they have a probable cause. If the police officer stopped the car without any probable cause, the court can dismiss the case on grounds of breach of the constitutional rights of the person.
If you ever find yourself in a difficult situation just because the Controlled Dangerous Substances have been discovered in your car, you can apply these defenses in proving your innocence. Hire a professional to help you.
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