Three Questions on Drug Charges
Posted November 1st, 2013 by Anthony Carbone, PC.
Categories: Criminal Defense.
Question 1: What are the penalties for possessing drugs in New Jersey?
There are two types of penalties you will receive depending on how much you have in your possession at the time of your arrest. The rule to remember is the smaller the amount the smaller the penalty will be. For instead, if you are charged carrying 5 grams or less of hashish, then you will receive a fine of up to $1,000, up to 180 days in jail and, if you were driving, a suspension of your license for up to one year. However, if it’s more than 5 grams or if it’s a more dangerous drug like cocaine, you can face a fine of $15,000 and up to 5 years in jail. In either case, you should contact us immediately.
Question 2: Can I get in trouble if drugs are found in a car that I am a passenger in?
Yes, you can be arrested for drug possession. Generally, when there is more than one person in a car where drugs have been found, the police officer will try to ask the question who owns the drugs. At this point, we strongly urge that you do not admit or deny anything since it will be used against. Just tell the officer you are not going to answer the questions unless he plans to arrest you. If you are arrest, invoke your right to an attorney and once again, contact us, an experienced drug possession lawyer.
Question 3: Do I get out of the car if the officer tells me to?
You must listen to the officer if he asks you to step out of the vehicle. But this does not give the officer the right to search or seize anything in your vehicle without your permission. We recommend that you do the following when the officer asks that you get out of the car:
- Vocalize compliance.
- Turn off the car and take the keys out of the ignition
- Exit the vehicle
- Close and lock your doors
This will not only protect your car from an illegal search but you will remain in control of the car. Remember that the officer does have the right to pat you down in order to protect his safety.