Things To Do if Falsely Charged With Illegal Drug Possession

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A false accusation of illegal drug possessions is one of the worst things that can happen to you and sadly, this is a common scenario even in New Jersey. It’s even more unpleasant when you’ve been accused of a drug-related offense because it may feel as if it’s the officer’s words against yours.

The much more worrying part about that is that arrests for drugs can result in felony charges. Of course, this may result in being jailed and fined and can permanently mark your record for a lifetime once convicted. In cases when you are charged with illicit drug possession, it is crucial to immediately seek assistance from a criminal lawyer in Jersey City, for example.

Main Categories of Drug Possession Charges

Actual possession and constructive possession are the two categories of situations that support proof of possession of illegal drugs. Let’s see the difference between them.

  • Actual possession – This refers to when the accused has the drug in his or her direct bodily possession or control.
  • Constructive possession – This pertains to a charge involving illegal drugs that were not on your bodily control but were on your property or in your general area.

With regard to constructive possession, this means that although you weren’t on the premises at the time the drugs were discovered, you could still be arrested for illicit drugs that aren’t yours but were located in a property that you own. If you’re arrested for illegal drug possession in New Jersey, regardless of the category of possession, knowing your plan of action is strongly recommended.

Things To Remember and Do When You’re Falsely Accused

Remain Calm and Composed

It’s natural to be upset after being wrongfully accused and worse, arrested for something you didn’t do. However, try to maintain as much calmness as possible. You don’t want the police officers to think you’re a menace. Keep in mind that there’s nothing else you can do to solve the problem right on the spot. Additionally, resisting a police officer might result in serious legal consequences that you obviously don’t want to add up.

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Aside from the above, always bear in mind that you are covered by your Miranda rights whenever you are being interviewed by a law enforcement officer. The freedom to remain silent belongs to everyone. Allowing a police officer’s queries to pressurize you into admitting something is not a good idea. You can unwittingly accept guilt, which will make the matter much more difficult.

Reveal Only Your Basic Personal Information

This is also another good reason why you should remain calm as you would need the presence of mind. Remember to not disclose other information to the police other than your basic personal details like your name.

In worse scenarios, even innocent individuals have been charged with grievous charges after saying something unwise to the police during criminal investigations. Have a presence of mind to not make the same mistake as they did.

Never Consent to Any Testing Without Your Lawyer

Bear in mind that you have the right to legal representation, which you can exercise prior to any engagement with the police. If a law enforcement officer asks you to submit to testing, contact your lawyer right away to discuss how you should respond. Without your lawyer, diagnostic tests like DNA tests and drug tests should never be undertaken.

Never Tamper Any Evidence

Pieces of evidence in a drug-related charge may be limited, but it is critical that you do not destroy or tamper with any prospective evidence. This may include text messages, mobile phone recordings, and other items that may be requested later in the case.

If you find that the police officers have removed anything from your possession, make a list so that your attorney could get access to any prospective evidence that could help establish your case.

Contact Your Lawyer Right Away

Other than what’s said above, the next best thing you ought to do is to contact an expert lawyer who specializes in drug cases after you’re apprehended. It’s important that the lawyer is an expert on cases like this because he/she will have a better perspective on what exactly to do next.

In your conversation with your lawyer, don’t be afraid to tell everything that transpired during your arrest. Make sure to not leave anything out. Your lawyer will also more likely contact witnesses. If they suspect that there was foul play, they would look into the arresting officer’s behavior and a police record.

To search you for drugs, the police officers should have a substantial or probable cause to defend their action. Any evidence obtained through an illegal search will be thrown out as there may be a likelihood that the cops have committed a false arrest.

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About the Author: Brian Novak