Challenges to Possession of a Controlled Dangerous Substance (“CDS”) in New Jersey
Possession of a Controlled Dangerous Substance, aka Possession of CDS, runs the gambit of seriousness in New Jersey. Possession of CDS charges range from simple Disorderly persons (“DP) offenses, which are often heard in Municipal Court, to first or second degree Possession of CDS with Intent to Distribute, which carries a presumptive New Jersey State Prison sentence upon conviction. While the State’s alleged case may seem insurmountable at first, the proper constitutional challenges may provide a defendant with an opportunity to negotiate a favorable plea or even secure a dismissal of the case.
A well-crafted defense strategy will ensure that a defendant’s constitutional rights are protected in Possession of CDS cases. Commonly, defense counsel will file a series of pretrial motions to protect these constitutional rights. Some defense motions in Possession of CDS offenses are:
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Motion to Suppress Illegally Seized Evidence on the Basis of a Warrantless Search or Seizure Pursuant to the Fourth Amendment of the United States Constitution and Article I, Section of the New Jersey State Constitution.
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Motion to Suppress Defendant’s Statements Taken in Violation of Defendant’s Fifth Amendment Right Against Self Incrimination.
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Motion to Suppress Defendant’s Statements Obtained in Violation of Miranda v. Arizona, 348 U.S. 436 (1966).
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Motion to Suppress for Violation of Defendant’s Sixth Amendment Right to Counsel.
The Fourth, Fifth, and Sixth Amendments of the United States Constitution and any New Jersey State Constitution analogues provide all defendants charged with Possession of CDS with constitutional rights that must be upheld in all State prosecutions. These constitutional protections provide defendants with a basis from which to challenge otherwise detrimental evidence.
At Karpus Law, our team will ensure that your constitutional rights are protected. Our defense strategy for Possession of CDS will often turn on using pretrial motions to secure a favorable resolution or even dismissal on one level while carefully litigating such issues to unearth State’s evidence and reveal portions of the State’s case-in-chief prior to trial.
If you are facing allegations of Possession of CDS and would like to schedule a free fifteen (15) minute consultation with our firm, please do not hesitate to contact us at Info@Karpuslawfirm.com.
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