New Jersey Criminal Lawyer Discusses Street Drug Offenses
As an experienced New Jersey Criminal Lawyer, I have handled many cases that involve other substances often referred to as “street drugs”. Obviously, ecstasy is an illegal substance and you’d be charged the same way that you would be charged if it were heroin or cocaine. It’s a controlled dangerous substance.
Methamphetamine or meth, is another substance that is illegal. I have handled previous cases for that drug. Methamphetamine is a very serious substance and the cases have to be handled delicately.
The issues around the cases are the same as other street drugs. How a police officer was able to recover those items, whether there’s a motion to suppress, those issues remain the same and are of the same seriousness of cocaine and heroin.
Can You Expect Different Treatment From the Legal System Depending on Which Street Drug Was Involved With Your Arrest?
As an experienced New Jersey Criminal Lawyer, I think there’s a difference. Again, in the municipal courts, when you have people who are repeat offenders for heroin, the courts start losing their patience, especially if the person has gone through a conditional discharge once and now they are in front of a judge again.
If you were a first offender with a cocaine case, you would be entitled to the same conditional discharge as someone with a marijuana case.
“Oh, it is just marijuana. It’s no big deal. They’re going to go easy on me in court.”
I think this attitude would be a huge mistake because after you’ve used up your conditional discharge. We’re looking at some potential penalties that you’re not going to want, including having a record for being in possession of marijuana, if you can’t successfully fight that case.
Drug Abuse Counseling Can Be a Requirement of a Conviction
Drug abuse counseling can often a component in resolving these types of cases. Often times, judges are in support of those types of programs, as well as prosecutors. Certainly, when I was a prosecutor, realizing that especially heroin is more of an addiction, a physical addiction, as a New Jersey Criminal Lawyer I was certainly more open or was open to treatment as part of a sentence and a resolution.
Testing for the Presence of Drugs in Your System
There are essentially three ways for the police to try to determine whether or not you’re under the influence of a controlled dangerous substance, such THC, cocaine, heroin or a prescription drug, ecstasy, methamphetamine, anything like that.
They could ask you to take a urine test and take a urine sample and send that to the lab for testing. They could take you to the hospital and have a certified medical person, whose certified in taking blood, take your blood, send it down to the police lab for forensic testing or they can get what’s called a ‘DRE’.
A DRE is a drug recognition expert, who is essentially a police officer specially trained and certified as a drug recognition expert, to come and do an evaluation and spend some time with you to try to determine whether or not you under the influence.
While that’s not definitive, it certainly could be used as evidence against somebody if they’re being charged with either being under the influence, a driver, or just being under the influence because being under the influence a CDS, a Controlled Dangerous Substance, in itself is a crime, even if you’re not driving.
Refusing a Chemical Test to Determine If You Have Drugs in Your System
There are different levels in New Jersey of refusals. So, if you’re a DWI and you refuse to take a breath test, that’s a refusal. There’s an additional charge that’s put on you, of a refusal. You have a right to refuse the urine or blood tests to detect the presence of drugs. I advise my clients as a New Jersey Criminal Lawyer that you can refuse those tests without consequence.
The police will try to convince you to provide them with urine or blood tests, and they will say to you that it’s better for you if you do than if you don’t. I strongly suggest that you contact an experiencedNew Jersey Criminal Lawyer before you answer any questions or provide any testing.
If you or a loved one has been charged with a street drug crime in New Jersey, contact experienced New Jersey Criminal Lawyer Carl Spector for a free confidential consultation. Let my experience work for you!