Drug Possession Charge in New Jersey: Penalties and Defense

New Jersey has some of the toughest laws on drug possession, use, and distribution. While some other states are softening their stance on drugs, New Jersey refuses to do so. As a result, those found in possession of illegal drugs may face criminal charges, fines, and/or jail. A conviction could affect the rest of their lives. Anyone charged with drug crimes should call an attorney and learn their options for fighting the charges or negotiating a plea for a lesser charge as soon as possible.

Determining Drug Charges

The penalties for possession of drugs varies depending on the type and amount of drugs found in ones possession. These charges can be heard in either Municipal or Superior Court depending on the type and quantity. The resulting charges can vary from possession, possession with intent to distribute, distribution, or trafficking. There are certain drugs that draw harsher penalties no matter what the quantities. Those drugs include methamphetamine, heroin, and crack. Marijuana, on the other hand, is considered less dangerous and usually results in a lesser charge if in possession of less than 50 grams.

Possession Penalties

The penalties for possession of various drugs depends on the type of drug and the quantity of the drug found on a person. Depending on the degree of the crime of the crime charged the following penalties generally apply:

• 1st Degree – Term of imprisonment for a period of 10 years to 20 years. Fines not to exceed $200,000.00.
• 2nd Degree - Term of imprisonment for a period of 5 years to 10 years. Fines not to exceed $150,000.00.
• 3rd Degree - Term of imprisonment for a period of 3 years to 5 years. Fines not to exceed $15,000.00.
• 4th Degree - Term of imprisonment for a period not to exceed 18 months. Fines not to exceed $10,000.00.
• Disorderly persons offense – Term of imprisonment for a period not to exceed 6 months. Fines not to exceed $1000.00.

Additional Penalties

In addition to the standard penalties for possession of illegal drugs, there are additional penalties for possession in certain locations. If a person is found in possession of drugs within 1,000 feet of an elementary or secondary school zone, their penalties can be increased up to $150,000 and their jail terms can be extended and will include a mandatory period without parole.

In addition, anyone found guilty of drug possession faces losing their driving privileges or having them postponed for a mandatory period of not less than 6 months or more than 2 years.

Conviction for use or possession of drug paraphernalia can result in mandatory fines of up to $1,000, a mandatory loss of driving privileges for up to 2 years and 6 months in jail.

Conclusion

New Jersey has stiff penalties for drug possession, with even tougher penalties for those who possess large quantities with the intent to distribute those drugs. It is important to obey the law by avoiding drugs. However, anyone who is arrested and charged with any drug offense should consult an experienced criminal defense attorney to protect your rights. An attorney can determine if there are mitigating circumstances and/or grounds to have those charges dismissed or reduced. Remember a conviction can result in adverse consequences that will follow the rest of your life.

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To Consent or Not to Consent? Why Allow the Police to Search Your Vehicle?

A question I have always wondered is why so many people voluntarily consent to a search when asked by a police officer. So, for all of you wondering whether you should voluntarily give consent to search, my short answer is NO.

I don’t know how many clients that I have had who gave voluntary consent to search their vehicle who (either known or unknown to them) had contraband in their possession. Even if you know YOU didn’t put anything illegal in your vehicle, you can’t possibly know what your passengers had in their possession when they got into your vehicle or if they left anything when they got out of your vehicle. That is why I say unless you are going to search each and every passenger NEVER VOLUNTARILY CONSENT TO A SEARCH.

Often when I ask my clients why they consented to a search they inevitably tell me that they just wanted to cooperate and the officer would have searched them anyway. My first response is "why would you want to help someone find a reason to arrest you?" My second is refusing a search is within your rights and a warrantless search is per se unreasonable unless it meets one of the exceptions to the rule (which are too complex to list for the purposes of this article). However, if you voluntarily consent, no search will be seen as unreasonable.

Another thing to consider is if the officer has pulled you over for say speeding and wants to search your car, the officer can not keep you there for an unreasonable period of time while requesting a search warrant if it has nothing to do with what the officer pulled you over for.

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criminal defense lawyer

A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal conduct.

In the United States, criminal defense lawyers deal with the issues surrounding the apprehension, searches of client or property, and arrest of his or her client (Fourth Amendment), as well as any statements the client may have made (Fifth Amendment). Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (e.g. felonies) in the United States are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution.

Criminal defense lawyers in the United States who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis.

Criminal defense work can be intimidating to some lawyers as the specter of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.

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Finding an Experienced DWI Lawyer in Austin

When selecting legal representation, realize that the experience of your Austin DWI Attorney in Texas is very important. The way your DWI defense case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists* on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of our criminal defense attorneys have previously been Assistant District Attorneys, spending years perfecting their courtroom skills.

* Driver's Legal Rights
* Pulled Over for DWI?
* Arrested for DWI?
* Blood Search Warrants
* BWI - Boating While Intoxicated
* Standardized Field Sobriety Tests (SFSTs)
* The Breath Test/Intoxilyzer 5000
* 10 Common Mistakes by the DWI Cops
* The DWI Fight
* THE PROCESS
* DWI Attorney Warning
* DWI Resources
* Blood Alchohol Level (BAC) Calculator
* Unusual DWI Videos
* Cops Gone Bad
* Community
* FAQ
* DWI News
* Prosecutor Tricks

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Criminal Defense Attorney - Austin Texas (DWI) Drunk Driving Trial Defense Attorney

When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance costs, fines, court costs, a Driver’s License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.

The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.

You see, if challenged, the County Attorney must also show all of the following:
DWI Criminal Defense Attorney - Immediate Jail Release That the arresting officer made the arrest properly,
DWI Criminal Defense Attorney - Immediate Jail Release That you were properly advised of your rights,
DWI Criminal Defense Attorney - Immediate Jail Release That the equipment the officer used to test you was working accurately,
and
DWI Criminal Defense Attorney - Immediate Jail Release Even that the person operating the equipment was certified to operate
the equipment.

Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.

When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.

I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.

I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.

I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.

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Changes in DWI Law in Texas:

Two new laws go into force that deal with DWIs in Texas. Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.

The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.

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Possession of Marijuana

Some people think marijuana charges are not that serious or silly. After all, you only got a ticket, right? A ticket means it’s not serious, doesn’t it? You’ve been tricked. Texas law allows those “arrested” for having marijuana to be given tickets if the police departments chooses to. But, being charged with possession of marijuana–even in a ticket–is still serious.

Most people who are arrested or ticketed for marijuana have a small amount, just for their own use, which should be charged as a Class B or A Misdemeanor. The important thing to remember is you can be punished for up to one year in jail for a Class A Misdemeanor.

Many of our younger clients are charged with Possession of Marijuana (POM), and it is for these clients that the consequences can be the greatest. Drug charges have a way of following you for far longer than people expect them to. So, whether you are established in a career and looking to protect your hard work or you are just beginning your journey in life, it is important to take these charges seriously.

Our office is experienced at dealing with these cases–as well as those unexpected consequences that can come up from marijuana or other drug cases. Depending on the amount of marijuana you are charged with having and the disposition of the case, POM cases can affect everything from federal financial aid, to your immigration status, to the jobs you can hold now or in the future.

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Assault

Assault occurs when someone perceives a threat of imminent personal danger. What many people are surprised to find out is that it is not necessary for the alleged victim to have sustained physical harm. Merely the threat of such harm is enough to constitute assault under the law.

“Simple assault” ranges from class C to class A offenses and has a variety of colors and flavors. The biggest concern for most people is that assault at any level of offense if often considered a crime of moral turpitude, which is way of saying it reflect something about your character. Many employers examine assault charges very carefully and some choose not to hirer people with assault on their records believing they may be violent.

Additionally, these charges can easily escalate to a felony depending on who the alleged victim is or how the assault occurred. Only a knowledgeable attorney can help you understand the complexities of this law.It is essential to speak with a knowledgeable criminal defense lawyer in order to fully understand your rights and responsibilities in this matter.

There are many ways an experienced lawyer can help you when you are facing a Assault charge:

· Get the charges dismissed

· Obtain a not-guilty verdict

· Dismiss the Assault and plead to a lesser offense

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Driving while Intoxicated

Driving while intoxicated (DWI) cases usually start unexpectedly and happen to people who never thought they would be arrested and charged with a crime. It begins with a minor traffic violation and before you know what’s going on, you are sitting in the back of a police cruiser in handcuffs.

The truth about DWI is that the accuracy of field sobriety tests are questionable under the best
circumstances, and quickly become unreliable when not administered properly or under the correct conditions. Despite the questions surrounding their accuracy, there is incredible pressure on the county and district attorneys to prosecute the cases that utilize these field sobriety tests. We find that many of our clients are not aware of the consequences involved in a DWI case. DWI cases are serious matters, which can result in thousands of dollars in fees and suspension of your driver’s license, in addition to your criminal case.

The waters surrounding DWI are difficult to navigate and you need experienced DWI attorneys to guide and protect you through this process. Many people don’t realize how little time they have to react in these cases. Did you know you only have 15 days to act if you want to protect your right to drive? Failure to do so results in the automatic suspension of your driver’s license.
It is essential to speak with an experienced drunk driving defense lawyer early in this process.

We have over 30 years of combined experience in DWI cases. And, we have the knowledge and
familiarity with the process to protect and guide you through this difficult period.
At our office, you will find attorneys who are certified by the National Highway Traffic Safety
Administration as Standardized Field Sobriety Testing Practitioners just like the officer that
arrested you. We have tried many DWI trials and almost always have faced the officer that arrested you. We possess the experience and knowledge to know if the tests were even administered properly, and how they may affect your case.

Whether you blew, didn’t blow, or even if they took your blood, it is important that you speak with an attorney to understand the next steps in your case, and how best to move forward. We are there for you whether you are looking for a quick resolution or want to fight your arrest all the way through a jury trial. Most importantly, we have the skills and experience to help.
There are many ways an experienced lawyer can help you when you are facing a DWI charge:

· Get the charges dismissed

· Obtain a not-guilty verdict

· Dismiss the DWI and plead to a lesser offense

· Keep you out of jail

· Save your driver's license

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Texas DWI First Offense:

Have you recently been charged with drinking and driving in Austin, TX?If so, you are probably
worried about what will happen to you. Will you spend time in jail? Will you lose your license?
What will your friends and family think if you are convicted of driving while intoxicated?
The most important thing you should do right now is to find an attorney who is experienced with DWI law. This is a complicated field of law, and it is crucial that your attorney is up to date on the
newest laws and the best defense strategies.

In Texas, you may be charged with “per se” intoxication if you are operating a motor vehicle, be it a car, motorcycle, or boat, with a BAC (blood alcohol content) of 0.08 percent or higher. Drivers under the age of 21 may be charged with a DWI with any alcohol in their system.
The penalties for DWI are severe, even if this is your first DWI offense. A first offense is a
Class B misdemeanor in Texas. You will be sentenced to a minimum of 72 hours in jail, or 6 days if there was an open container of alcohol in your vehicle.

The fines associated with a first DWI offense are costly. While the fines may not exceed $2,000,
additional administrative and evaluation fees will be assessed. There is a $1,000 per year
surcharge on all DWIs in addition to the regular fines. This surcharge must be paid for three
years. If your BAC was twice the legal limit (0.16), the surcharge is $2,000.

If you are convicted of DWI, your driver’s license will be suspended for one year, though you may be granted an occupational license. Issuance of this license is based on “essential need” and will allow you to drive to and from work. You must also complete a 12-hour DWI Education Program within 180 days of receiving probation or your license will be revoked.You will be sentenced to at least 24 hours of community service but no more than 100 hours.

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Texas DWI Breath Test Refusal

If you have recently been pulled over for driving while intoxicated and refused to take a breath
test, you should contact an experienced DWI attorney as soon as possible.A Texas breath test
refusal will lead to your driver’s license being suspended for at least 180 days.
Why will your license be suspended for so long just for refusing to take a breath test? Because of
Texas’s Implied Consent laws which say that if a driver is arrested for an offense that occurs when operating a motor vehicle, he or she must automatically consent to taking a breath or blood test to determine his or her BAC (blood alcohol content). You give your consent for these tests when you sign up for your driver’s license.

When you are arrested for drunk driving and refuse to take a breath or blood test, you face an
administrative penalty. The penalties for refusing to take a BAC test are in addition to the normal penalties for DWI. Even if you are not convicted of DWI, you are still subject to the
administrative penalties.

For a first-time breath test refusal, your driver’s license will be suspended for 180 days. For a
second offense within 10 years, your driver’s license will be suspended for 2 years.
It is important to know that even if your license is administratively suspended for a breath test
refusal, you are eligible to apply for an occupational license. This limited license allows you to
drive to and from work and other necessary locations.

Choosing whether or not to take a BAC test is a tough choice. If you refuse to take a breath test,
you will face tough penalties. There are many DWI lawyers who recommend that you refuse to take the breath test unless you are certain that your BAC is below the legal limit (0.08 percent in Texas).

In some cases, you may be able to avoid a DWI conviction since the prosecution has no evidence of your BAC. The penalties for a refusal are also less than for a DWI conviction, especially since you may be granted an occupational license. However, if you are found guilty of DWI, you will face your breath test refusal penalties in addition to the DWI conviction penalties.

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Texas DWI Breath Test Refusal | Administrative License Suspension | Travis County Jail
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Texas Alcohol Laws

There are many laws in Texas regarding the sale, possession, and consumption of alcoholic
beverages. The following information is intended to give you an overview of all of the Texas
alcohol laws, though the laws may differ from jurisdiction to jurisdiction.

The legal age to consume alcohol in Texas, as in all 50 states, is 21 years old. However, the legal
age to work in an environment where alcohol is sold or handled is 18 years old. This includes
serving alcohol in a restaurant.

The laws regarding alcohol sales are strictly enforced by local ordinances. In general, only
private retail stores are allowed to sell liquor, while convenience stores and supermarkets are
permitted to sell beer and wine. Alcohol sales are prohibited on Sundays, with the exception of
restaurants that serve alcohol in conjunction with food sales from 10 a.m. until noon. Bars and
restaurants are permitted to sell alcohol from 10 a.m. to 2 a.m., Monday through Saturday.
Texas’s Open Container laws state that all opened containers of alcohol must be transported in the trunk of a vehicle so that the driver and passengers do not have access to it.

In Texas, you may be charged with “per se” intoxication if you are caught operating a motor vehicle with a BAC (blood alcohol content) of 0.08 percent. Even if your driving was not impaired due to alcohol, having a BAC over this limit is enough evidence to secure a DWI conviction.
If your BAC is 0.15 percent or higher, you may face more penalties for having an enhanced BAC.
Drivers under the age of 21 can be charged with DWI for having any alcohol in their system.
Texas also has Implied Consent laws. This means that if a driver is pulled over on suspicion of
DWI, he or she must take a breath, blood, or urine test if asked as a condition of receiving his or
her driver’s license. Failure to do so will result in a one-year driver’s license suspension.

The Texas Department of Motor Vehicles will revoke a driver’s license for 90 days for the first DWI offense and 180 days for the second and third offense.

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austin dwi attorney,A determined Austin DWI attorney in Texas

Are you facing a DWI (driving while intoxicated) charge in Austin, TX? If so, you are probably
worried about what will happen to you next. Jail time, probation, community service, and a driver’s
license suspension are all very real possibilities if you are convicted.

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