Table of Contents

Table of Contents

NJ Drug Lawyers: Drug Cases Are Won On Constitutional Grounds

NJ Drug Lawyers: Drug Cases Are Won On Constitutional Grounds

Drug lawyers know that nothings in life is worse than being accused of a crime.
Criminal lawyers are sworn to uphold and protect your Constitutional Rights.
We win drug cases by protecting the United States Constitution.


Drug lawyers have a single mission: To challenge the Constitutionality of the police search which resulted in your drug arrest. We handle a high volume of Drug cases & this is our approach every time.
We defend clients accused of possessing every kind of illegal drug.
The most common drug charges involve Marijuana, Heroin, and Cocaine.
These types of drugs are referred to as Controlled Dangerous Substances (CDS).
On this page, we will discuss how we win drug cases and discuss the penalties in NJ for Drug Possession charges.

how we win drug cases and discuss the penalties in NJ for Drug Possession charges:

  • Step 1 - What's The Drug Amount?
  • Step 2 - How Were The Drugs Seized?
  • Step 3 - File A Motion To Suppress

Step 1 - What's The Drug Amount?

First off, it is important to know the amount (weight) of drugs that you were in possession of.
The greater the “weight” or amount of drugs found in your possession, the more serious the consequences.
If you were charged with small amounts of drugs (for personal use), your matter will be treated as a misdemeanor.
An example of a small amount would be less than grams of marijuana.
Misdemeanor cases are handled in NJ Municipal Courts.
The maximum penalties for misdemeanor drug charges are up to six months in jail and up to a $1,000.00 fine.
1st, 2nd, 3rd & 4th-degree drug charges are all felony charges in NJ.
If you are facing felony drug charges, you should visit our FELONY page to learn all about drug fines, penalties, and alternatives to incarceration.

Step 2 - How Were The Drugs Seized?

Next, we need to learn exactly “how” the drugs were discovered to be in your possession.
For example, was your vehicle searched during a “traffic stop”? Next, what was the reason for the stop? Was it a legal stop? During a traffic search in NJ, it’s necessary to learn how the police gained access to you search your car.
For example, were the drugs in “plain view”? Did you have a bag of weed on your dashboard? Or, did you give consent to search?
Before the cop asked for consent to search your car, what did he notice that caused him to seek consent? Did he observe any signs of criminal activity before he asked you to search?Or, was your vehicle searched because an officer had “a hunch” that there might be drugs in your car?
These are the types of legal questions that narrow the focus of our legal arguments.
We are vigorously searching the facts and the law that will help us identify the Constitutional violations in your case.
The bottom line: If you were the victim of an “Illegal Search”, then all of the evidence in your case gets “suppressed” and the case will eventually be dismissed.

Step 3 - File A Motion To Suppress

I’m going to keep this real simple.
A motion to suppress (MTS) is the way drug lawyers ask the judge to dismiss a drug case.
The court holds a hearing. It’s a mini-trial.
The prosecutor brings the police officer who arrested you to court & asks him to explain all the steps he took to find the “illegal drugs”.
When the prosecutor finishes her line of questioning, it is our turn to cross-examine the cop.
As drug lawyers, we ask the difficult questions.
We are thoroughly prepared by the time we get to this stage in your drug case.
We research the related law and we use the law to guide us during our questioning of the police officer.
After all of the witnesses are finished testifying, drug lawyers argue the law & facts of your case to the judge.
It is our job to show the court that the way you or your home or car was searched, was illegal.
After the judge agrees with us, your case is basically dismissed.

If we can't win one way, we try another way

The three steps outlined above deal with a direct attack of an illegal search.
However, there are other creative and legal ways to get your charges dismissed. We’ve devoted an entire section to get your charges dismissed: Dismissing Criminal Charges: Top 7 Ways To End The Nightmare

Drug Court is Another Option

Drug lawyers in NJ try to help their clients by getting them into drug court.
If you get charged with a non-violent crime and are suffering from drug & alcohol addiction, it may be time for you to seek help.
If you are fortunate enough to get sentenced to Drug Court, be prepared to work hard. Drug Court places strict conditions on program participants.
The sole objective of the Drug Court in NJ is to help offenders recover from their substance addictions.
Judges, defense attorneys, prosecutors, probation officers, and substance abuse experts are the reason for Drug Court success in NJ. Each county in NJ is made up of a Drug Court team.
Every person on the team works in a supportive manner to ensure that Drug Court participants receive the tools & resources they need to meet all of the conditions imposed.
Needless to say, “recovery” is the number one mission of Drug Court in NJ.
Applicants undergo an intense and thorough screening process. If you are accused of a “non-violent” offense and suffer from drug/alcohol issues, one of your conditions will be to enter and complete an intense rehabilitation program.
In addition, you will receive job training and education assistance such as help in earning your G.E.D.
Drug Courts are successful treatment programs that not only save the State of NJ millions of dollars in “incarceration costs”, but they help people recover from their addictions.
For more information, you may call the NJ Drug Court Director at 609-292-7087 or visit the New Jersey Drug Court website by clicking here.

Final Thoughts

If you need a New Jersey Drug lawyer, it is important to find a lawyer who understands your Constitutional rights and knows if they were violated.
At our firm, before a client hires us, we always encourage them to visit this our Client Reviews.
Take advantage of free consultations and see how that lawyer makes you feel.
When you trust your gut, you never go wrong.
Choosing the criminal defense attorney that is right for you is an important decision.
So take your time and choose wisely. If you need more information about your criminal case,

About the Author

Attorney Alan G. Peyrouton

Attorney At Law

Mr. Peyrouton is a Criminal Defense Attorney located in Hackensak, NJ.

His articles in the areas of Criminal Law have been published in The New Jersey Law Journal.

He is a distinguished author, trial attorney, and has had the privilege of arguing before the New Jersey Supreme Court.

Prior to becoming an attorney, Mr. Peyrouton was a world-class, competitive tennis player.

He is perfectly fluent in Spanish.

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