Bergen County
Drug Defense Lawyer
Bergen County Drug Defense Attorney
Facing drug charges in Bergen County, NJ, can be a daunting experience filled with uncertainty. The consequences of a conviction can have a profound impact on multiple areas of your life. However, you must remember that a drug-related charge does not mean that you will be found guilty. If you work with a Bergen County drug defense lawyer from the Law Offices of Robert Tsigler, PLLC, you can rest assured that your case can be managed by an experienced legal professional.
Burden of Proof and Legal Defenses
In any criminal proceedings, the burden of proof is always on the prosecution. They must show that you are guilty beyond a reasonable doubt by proving the following elements:
- 1. The drugs in question are illegal.
- 2. You were in possession of or controlled the drugs.
- 3. You knew that the drugs were present and that they were illegal.
- 4. In some cases, you had the intent to distribute.
Your defense lawyer only has to create reasonable doubt, and this can be done with the right strategy:
- Failure to Meet the Burden of Proof: This defense can be used to challenge the prosecution and argue that they haven’t met the burden of proof. This may apply if their evidence is weak or inconsistent or if the defense can present a credible alternative explanation for the events.
- Lack of Knowledge or Intent: Your defense lawyer can argue that you were unaware of the drugs or the fact that they were illegal, and you had no intention of committing a crime with said drugs.
- Challenging Search and Seizure: Illegal search and seizure is a violation of your constitutional rights. Any evidence obtained from an illegal search and seizure can be suppressed by the defense.
- Valid Prescription: If you were charged with possession of a prescription drug, your lawyer may be able to present a strong defense if they can show that you had a valid prescription for the medication in question.
Drug Offenses in Bergen County, NJ
Drug offenses include a wide range of criminal charges that are related to controlled substances, such as possession, distribution, manufacturing, or the intent to distribute drugs. These drug charges carry hefty penalties, including prison time and fines. The severity of the penalties typically depends on the drug schedule that the substance belongs to, the quantity of the drug, and prior criminal history. The following are the potential offenses that a person can be charged with for a drug crime in Bergen County:
- Disorderly Persons Offense: Equal to a misdemeanor, this offense includes possessing a certain amount of marijuana or drug paraphernalia.
- Fourth-Degree Drug Offense: This is the least severe indictable offense involving illegal possession of a Schedule V drug or the possession, distribution, or manufacturing of marijuana or hashish in certain quantities.
- Third-Degree Drug Offense: Possessing any amount of an illegal substance, along with the distribution or manufacturing of small amounts of certain Schedule I, II, III, and IV drugs, would be charged under this category.
- Second-Degree Drug Offense: This involves the manufacturing, distributing, or possessing with the intent to distribute large amounts of Schedule I or II drugs.
- First-Degree Drug Offense: This is the most severe category for drug offenses. It often involves manufacturing, distributing, or possessing with intent to distribute significant amounts of certain Schedule I and II drugs.
Mitigating Drug Charges and Penalties
A drug defense lawyer can use a number of strategies to help mitigate drug charge penalties for you after an arrest. Some of these strategies revolve around rehabilitation and prevention. The following options may be available to mitigate charges and penalties:
- Plea bargaining
- Presenting mitigating factors, such as a lack of criminal history, being a first-time offender, etc.
- Diversionary programs for eligible offenders, such as pre-trial intervention, conditional discharge, mental health diversion, and/or drug court
It’s essential that you consult a lawyer to discuss what mitigating options could potentially work for you.
FAQs
Q. Do I Need a Drug Defense Lawyer If It’s My First Offense?
Q. How Long Is the Drug Court Program in NJ?
Q. Is There a Legal Possession Limit in NJ?
Q. What Are Schedule I Drugs in NJ?
Consult an Attorney at the Law Offices of Robert Tsigler, PLLC
You shouldn’t face drug charges alone, no matter how minor. Take the first step toward protecting your future and your freedom by consulting a drug defense lawyer from the Law Offices of Robert Tsigler, PLLC. Contact our office today to learn how we can fight for you.
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The Drug Criminal Law firm of Robert Tsigler, PLLC is Ready to Fight for You!
Getting representation as soon as possible following any Drug Crime-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Bergen County Drug Crime lawyer can successfully defend your case.
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