What Happens if Drugs Are Found During a Traffic Stop?
Posted August 29th, 2024.
Categories: Blog.
Most people know the sinking feeling of dread when you see blue and red lights flashing in your rearview mirror. Getting pulled over by the police can be nerve-racking and no one wants to be issued a ticket. However, depending on the circumstances, a ticket could be the least of your problems. If drugs are found on your person or in your vehicle during a traffic stop you could face serious penalties. If you require representation during your drug case contact a New Jersey criminal defense attorney to discuss your legal options today.
What Should I Do During a Traffic Stop?
If you get pulled over by a police officer do not panic. Roll down your window and remain calm. Provide the officer with your license, registration, and insurance information when it is requested. If you are asked to step out of the vehicle do so. Be polite and cooperative but it is important to know your rights.
You have the right to remain silent during a traffic stop. You do not have to offer up any information or answer questions from the officer. Once you have provided them with your ID and necessary information your job is done.
You should not consent to a search of your vehicle. The officer may ask if you mind them taking a look inside. They can only conduct a search with a valid warrant, probable cause, or your permission. Even if you do not believe you have anything to hide it is wise to refrain from offering your consent.
What Defenses Can I Use When Facing Drug Charges After a Traffic Stop?
The penalties for drug possession can be severe. New Jersey courts will generally order a convicted individual to pay thousands of dollars in fines, spend years in prison, complete probation, community service, and more. It is important to have a strong defensive strategy going into your case.
One of the most effective defensive strategies you can use will be providing evidence that the officer conducted an illegal traffic stop. If you believe that there was no reasonable or probable cause to pull you over in the first place you could prove that you were discriminated against or profiled.
Additionally, if your Fourth Amendment rights were violated it can prove beneficial to your case. If you can prove that law enforcement conducted an illegal search and seizure of your personal property, any evidence obtained during the search could be deemed inadmissible. Your charges may be dropped with the newfound lack of evidence.
In addition to these traffic stop-specific defensive strategies, you may also choose to use:
- Entrapment
- Lack of intent or knowledge
- Legal prescription medication
Work with an NJ Criminal Defense Lawyer
At the Law Offices of Mark S. Guralnick, we understand the serious nature of a drug possession case. Our attorneys have the experience and professionalism to build your case and implement a strong defense. Contact our skilled lawyers today to discuss your situation and legal options.
