Experienced Bergen County Drug Crimes Lawyer - Hackensack, NJ Criminal Defense Attorneys

Just because you are charged with a drug crime, does not mean that you will be convicted. Many defense strategies are available even in cases when you were caught with drugs in your possession.  Furthermore, even if convicted, you still have options to fight for a reduced sentence.

In New Jersey, there are several defense options for drug crime cases.

Constitutional Rights Violations – Unlawful searches and seizures are all violations of the Constitution that can result in the suppression of evidence during the trial.

Lack of Intent – Certain drug crimes like manufacturing, selling, or distribution require proof that the defendant has the intent. If the prosecution is unable to prove that you intended to manufacture, distribute, or sell a controlled dangerous drug, you are not guilty of the crime.

The Burden of Proof – To prove intent (in relevant cases), the prosecution must also prove all elements of its case beyond any reasonable doubt. You can defend yourself against any criminal culpability if the evidence against you is lacking.

Lawful Prescription – In many cases, police will arrest someone for unlawfully possessing prescription medication because they cannot produce a valid prescribing certificate. It is possible to avoid arrest if you can provide a lawful prescription for the drugs that are found in your possession. 

Drugs owned by someone else – If you are arrested for drug possession in your car, at a party, or in any other situation in which multiple people were present in the same place, the prosecution must prove that they were yours to obtain a conviction.

Valid MMP Cards – If you are arrested for simple marijuana possession, or for cultivating marijuana for personal consumption, and you have a valid Medical Marijuana Program card (MMP) issued by the New Jersey Department of Health, your MMP card will provide you with a defense under New Jersey Compassionate Usage of Medical Marijuana.

Lustberg Law Office’s Bergen County, NJ criminal lawyers draw on their combined years of legal experience to develop comprehensive defense strategies for our clients. Our NJ defense team will review your case in detail to identify the defenses that you may have. We will challenge the prosecution from every angle and will employ our proven tactics to defend you.

Contact us today to schedule a consultation with experienced Bergen County criminal attorneys.

A criminal case involving drug crimes in New Jersey can be complicated and can take many years to get through. By having a skilled NJ drug crimes attorney on your side, you can ensure that your interests are protected at every step of the process.

In some cases, the investigation may be underway even before you are arrested. It is important to contact a New Jersey drug defense attorney right away if you believe that you are being investigated or if you believe a complaint has been made against you. An NJ defense attorney can help you understand your rights and ensure that you don’t feel pressured into doing anything that is not in your best interests.

After you are arrested or have received a notice to appear in court, you will have to make an appearance. At this point, a bail decision will be made. A criminal defense lawyer will fight to get you the lowest bail possible, as well as the possibility of you being released on your recognizance (or ROR) so that you can spend time with your family while preparing for the next steps of your criminal case.

You may also be required to meet with the court’s substance abuse evaluators if you are facing a drug case. They will examine your drug history and test your system for drugs. The judge could order that you complete a drug treatment program on the recommendations of the evaluators.

After the aforementioned processes, your NJ criminal defense attorney can intervene to argue that the charges should be dropped or dismissed entirely. You may also have the opportunity to reach a plea deal, in which the prosecutor might agree to drop or reduce charges, reduce the sentence or give you probation instead of a jail term. Your NJ defense lawyer might be able to request pretrial intervention (PTI) in certain cases. This will allow you to avoid formal prosecution by completing a court-supervised community living program.

If there is no deal early in the process, the prosecutor will present the case to a grand jury for indictment. After that, a judge will read the charges against the accused. You and your NJ defense attorney will have access to any evidence that the prosecution has against you after the indictment. If you are interested in a plea bargain, your attorney will continue to negotiate with the prosecutor before and after the arraignment. 

A skilled criminal defense attorney will be helpful if your case does go to trial. A skilled defense lawyer may be able to anticipate the appeals process and how these issues might affect your case’s outcome.

We can begin work immediately if you hire a New Jersey drug crime defense attorney as soon as possible. Our legal team will vigorously pursue all opportunities for early intervention to avoid costly and risky trials.

Contact Lustberg Law Offices today at  (201) 880-5311 to schedule a free consultation. 

A court might consider other sentencing alternatives that include special probationary periods where the offender goes through a program for drug and alcohol rehabilitation. An assessment will be done by a professional to see if the offender would benefit from drug and alcohol treatment based on their dependence. It is appropriate when an offender was under the influence of alcohol or attempted to acquire drugs or alcohol.

Persons who have been charged with an offense involving a firearm cannot be eligible. The treatment option is not available to those convicted of murder, manslaughter, and other violent crimes. For anyone considered a threat to the community, this option will not be available.

The Department of Human Services has to approve the program and properly license it. Courts may consider all evidence presented and witnesses’ testimonies in making their decision. Another consideration is the outcome of the presentence report and professional assessments concerning the offender’s substance and/or alcohol dependency. The treatment program will require periodic drug and/or alcohol testing.

A minimum six-month commitment is necessary for any treatment program. By the probation section, the offender is subject to community supervision. Any attempts to avoid taking a drug or alcohol test will be reported to the court. If the judge finds that the defendant has violated their probation terms or treatment plan, the court could revoke any special probation. In this instance, the court could reopen prosecution and prosecute the offender on the original charges.

When facing a criminal charge, it is important to seek the help of an attorney for criminal defense right away. As a skilled attorney may be able to help you fight your drug charge and help you explore other avenues that can lead to your freedom.

Drug charge attorney Adam M. Lustberg and his team of NJ lawyers have years of experience working with those who are charged with drug-related crimes.

Contact us today to schedule a consultation with our top-rated NJ defense team.