Regardless of where you are in the legal process, navigating it alone and without criminal defense experience and expertise is the last thing you want to do.
Whether you have just been contacted by law enforcement, you have experienced an arrest and subsequent release, or you are currently facing charges for drug-related crimes, act now to protect your rights and your future by consulting with the knowledgeable team of NJ criminal defense attorneys at Dughi, Hewit, & Domalewski.
Overview of Drug Charges
Drug charges are any legal violations relating to the possession, distribution, and/or manufacture of controlled substances.
These kinds of offenses vary significantly in severity, with penalties ranging from fines to imprisonment. The consequences depend on the type of drugs involved, the amount of drugs, your criminal record, your intent, your location (whether in a public place or a school zone), who else is involved (such as a juvenile or as part of a conspiracy), and the ability of your legal defense to help, among other factors.
Drug charges and convictions can have a profound impact on your future. They can limit your employment and housing options, jeopardize financial opportunities, and more. It is vital to work with an attorney who has experience helping clients secure the most favorable outcomes possible against drug charges.
Types of Drug Offenses
Drug-related offenses vary significantly depending on factors like drug type, quantity, intent, and criminal record. Drug charges can be broken down into the following categories:
Possession of Controlled Substances
Possession of a controlled substance entails possession of a drug that is illegal under state or federal law, such as heroin, LSD, ecstasy, cocaine, or certain prescription medications without a valid prescription.
To prosecute you for possession, the prosecution must prove that you did so knowingly and intentionally. Within this category, note that “simple possession” is the act of possessing drugs that are illegal without the intent to distribute or sell them.
Possession with Intent to Distribute
Possession with intent to distribute refers to the criminal offense of possessing illegal drugs while intending to sell them.
In other words, not only does the offender in question possess illicit substances, but the prosecution also has the evidence to demonstrate that they intend to sell them. Your attorney can help you craft a compelling defense against the evidence provided by the prosecution.
This evidence may include the quantity of drugs, the packaging, and the presence of tools and paraphernalia related to selling drugs (such as a scale for weighing out drugs or large quantities of plastic baggies).
Drug Trafficking
Drug trafficking is the illegal transportation, sale, and distribution of large quantities of drugs across borders or within a region.
Large-scale drug trafficking is often alleged to be led by organized networks of criminals. Drug trafficking is a much more serious crime than simple possession, so the punishment for drug trafficking is usually more severe.
The larger the scale of the trafficking and the more serious the drug being trafficked, the more severe the punishment may be. For instance, in federal court, trafficking drugs like heroin is usually punished more harshly than trafficking cannabis.
Prescription Drug Fraud
Prescription drug fraud involves the use of deceptive practices to illegally acquire prescription medications. The deceptive practices in question can include:
- Forging prescriptions
- Altering medical documents
- Visiting numerous doctors to find one willing to prescribe a drug (also known as “doctor shopping”)
- Calling in false prescriptions
- Purchasing prescription drugs online
Those who engage in prescription drug fraud may be trying to acquire these drugs for their own use (which would likely fall under simple possession), or for illegal distribution or trafficking.
Federal Drug Charges
Federal drug charges are any criminal offenses relating to the possession, distribution, or manufacture of illegal or controlled substances at the federal level.
Federal drug charges fall under the jurisdiction of federal agencies like the Drug Enforcement Administration (DEA) and tend to carry particularly severe penalties, such as longer prison sentences or more substantial fines.
Because they are prosecuted under federal laws like the Controlled Substances Act, federal drug charges can involve much more complex investigations.
What to Expect in a Drug Charge Trial
Knowing what to expect going into a drug charge trial will help you plan your strategy and prepare for the undeniably stressful experience of a criminal trial.
There are several stages to a trial involving drug charges in New Jersey. Each step is crucial to the outcome of the case.
- Arraignment, where charges are formally read and a plea is entered.
- Discovery, during which your defense attorney will review the prosecutor’s case and evidence. Pre-trial motions may be filed to question the legality of the prosecution’s evidence or challenge the charges.
- The plea bargaining stage is when your attorney may negotiate with the prosecutor to reduce charges or penalties in exchange for a guilty plea.
- If no plea agreement is reached, the case proceeds to trial, where the government must present its case and evidence before a judge or jury and convince the fact finder of any criminal guilt beyond a reasonable doubt. An experienced defense attorney will challenge the government’s witnesses and evidence throughout this process and may or may not choose to present a defense case of their own.
Throughout this process, an experienced criminal defense attorney is instrumental in defending your rights, challenging the prosecution’s case, and seeking the best possible outcome on your behalf.
For example, during pretrial motions, your defense may be able to challenge the validity of the evidence presented, e.g., by questioning police procedures or pointing out constitutional violations like illegal search and seizure (which violates the Fourth Amendment and leads to suppression of the evidence and dismissal of the charges).
Consult with an Attorney
The dedicated team of New Jersey criminal defense attorneys at Dughi, Hewit, & Domalewski will do everything in our power to vigorously protect your rights and defend you against your drug charge.
Our firm combines the responsiveness and personal touch of a small legal practice with the power and resources of a larger practice. We help clients make informed decisions about their cases so they can resolve them, move on—and get back to living their lives—as soon as possible.
Schedule your consultation with our team right away so we can begin to build a defense for your case.
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