A person who has been found with drugs in their home or car can face serious legal consequences. If a police officer discovers drugs in a home or vehicle, they will consider the owner of the property as the primary suspect. If it is not possible to immediately establish that someone else is the owner of the drugs, then the owner of the property is likely to be arrested.
After an arrest, it is important to avoid being confrontational. The accused should not resist arrest or show anger. They should provide the arresting officer basic information, such as one’s name, vehicle registration if it is necessary, and home address. There are protections in the legal system against self-incrimination. It is not necessary to answer any further questions at this point. An arresting officer should read the Miranda warning, which explains that anything a person being arrested says to the office may be used against them. The accused also has the right to obtain a lawyer.
Defending Against a Drug Possession Charge
Police officers regularly hear denials, and many times, these allegations are false. However, it is possible for a person arrested for drug possession to have the charge dismissed. A skilled lawyer can help build the case. It is very important to trace steps back and seek to identify how the drugs may have entered the home or vehicle, as well as who could have placed the drugs there. If it can be established that others had access to the home or vehicle, then the record can suggest that the drugs were owned by someone else.
If the arrest involves a vehicle, some questions that will be helpful to answer include:
- Who else had access to the vehicle? Include their name, address, when they had access to the car, and any witnesses.
- Was the vehicle owned by someone else or just being borrowed?
- Is there a reason why someone might want to plant drugs in the vehicle?
The court system puts the burden of proof on the prosecution to prove guilt of criminal conduct beyond a reasonable doubt. The potential for others to have possessed the drugs is sometimes sufficient to have the charge dismissed.
It is also possible that the arresting officer violated procedural requirements during the investigation. For example, the arresting officer may have entered the home or vehicle without permission or probable cause. In this case, the defendant’s lawyer could try to prevent the court from considering illegally obtained evidence. This is due to the Fourth Amendment to the U.S. Constitution, which bans unreasonable searches and seizures. For help with a case, it is imperative that the accused speaks to a lawyer who is strongly familiar with criminal law.
Haddonfield Criminal Defense Lawyers at The Law Offices of Christopher St. John Protect the Accused Against False Drug Allegations
If you were falsely arrested for drug possession, a Haddonfield criminal defense lawyer at The Law Offices of Christopher St. John can defend you. For an initial consultation, complete our online form or call us at 856-296-3481. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.
Christopher St. John
Tess Berkowitz