Possession of marijuana (CDS) is one of Jersey City Police Department’s most favorite crime/arrest. It usually involves a non-violent offender who may have had marijuana or another substance on his person or in his car. For the police to even be able to use those drugs or alleged drugs found, they must have probable cause to use that as evidence against you in the Jersey City/Hudson County Courts. If after reviewing the discovery for your case your attorney does not feel probable cause existed, the lawyer should bring a motion to suppress the evidence they are relying on. Jersey City lawyer Santo Artusa is experience in criminal defense and motion practice in Jersey City Municipal Court and the Hudson County Superior Court. Another option is, if available to you is to seek a conditional discharge or plea to a lower offense such as drug paraphernalia. A conditional discharge will wipe away the charge if you do not get into any trouble within 6-12 months.
A DWI/DUI, possession of CDS in a motor vehicle is another serious charge that can lead to a suspension of New Jersey driving privileges for two years or more. Again, knowing what to ask for and trying to find holes in the prosecution’s case is part of a criminal lawyers job. It is the State’s burden to prove their case beyond a reasonable doubt. This includes DUI/DWIs. Did they have a reason to stop you? Did they conduct the appropriate tests in a timely fashion to reveal your true blood alcohol level while you were driving and not hours later which could be an incorrect reading? Did you have anything in your mouth when you submitted to the BAC test? Aside from knowing what a Judge looks for, we also work with expert witnesses in preparing your defense when we feel that is needed to attack the procedures used and whether the BAC reading was accurate. .08 or higher is considered a DWI in the State of New Jersey. We typically work with Gil Snowden and staff of DWI Associates when we hire an expert witness. When drugs are involved, we usually use his partner Herb Leckie as he is certified in DRE. Where the drugs tested, what was the chain of evidence/custody of the drugs? The State must produce a DRE expert of their own to carry their burden of a DUI case concerning drug use. Simply finding drugs in ones system does not equate to an automatic DUI/DWI. The drugs could have been in your system for days and did not actually impair you.
If you have been arrested for a drug charge, DWI/DUI or other criminal-traffic offense in Jersey City, contact Jersey City attorney Santo Artusa today on 201-706-7910.
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