Police conducting a traffic stop will sometimes decide to search the vehicle if they develop a suspicion that it contains drugs like cocaine. If their suspicions are correct, the vehicle’s occupants may face charges ranging from simple possession of a personal quantity of drugs on the low end to possession with intent to distribute or deliver on the high end. The consequences of a conviction depend on the severity of the charges but may include hefty fines and significant prison time. Fortunately, there is an array of defenses available to individuals who’ve found themselves in this position.
Cocaine Possession Laws in New Jersey
Under New Jersey Revised Statutes 2C:35-10, a person commits a crime if they knowingly or purposely obtain or possess, actually or constructively, cocaine or a cocaine analog, except under a valid prescription order from a practitioner acting in the course of their professional practice. Under New Jersey’s drug possession laws, possession of a Schedule II controlled dangerous substance, such as cocaine, constitutes a third-degree crime (felony).
Furthermore, under New Jersey Revised Statues 2C:35-5, a person commits a crime if they manufacture, dispense, or distribute cocaine or possess cocaine with the intent to manufacture, distribute, or dispense a controlled dangerous substance or controlled substance analog. Possession of cocaine with intent to manufacture, distribute, or dispense constitutes a first-degree crime under New Jersey law.
Potential Legal Consequences for Cocaine Possession in a Vehicle
In New Jersey, simple possession of cocaine in a vehicle carries a penalty that includes three to five years in prison and a potential fine of up to $35,000. However, possession of cocaine with intent to manufacture, distribute, or dispense carries a penalty of 10 to 20 years in prison and a potential fine of up to $500,000. Convicted defendants may also face the obligation to pay court costs and other fees.
Cocaine possession convictions also impose other long-term consequences, including disqualification from certain government benefits, loss of firearm rights, and a criminal record that can make it challenging to obtain housing, employment, or educational opportunities due to the stigma of a criminal record that includes a felony offense.
Common Scenarios Leading to Charges
Common scenarios that can lead to charges of possessing cocaine in a vehicle in New Jersey include:
- A police officer stops a motorist for erratic driving or a traffic code violation and observes signs of drug intoxication in the driver. After arresting the driver for DWI, police conducted an inventory search of the driver’s vehicle in preparation for a tow and discovered a personal quantity of cocaine.
- Police stop a vehicle for a traffic violation and notice the driver’s or occupants’ nervous behavior. While completing paperwork for the traffic violation, a police canine conducts a sniff and alerts to the presence of drugs; a subsequent search of the vehicle uncovers large quantities of cocaine.
- Police place a suspected drug dealer under surveillance. Officers arrange a controlled buy between the suspect and a confidential informant or undercover officer. After the buy occurs, the police stop the suspect’s vehicle and search it to find cocaine packaged for sale.
Possible Defenses Against Cocaine Possession Charges
A person charged with cocaine possession in New Jersey may pursue various defenses to contest the prosecution’s case, such as:
- Lack of possession: Defendants charged with possessing cocaine in a vehicle may argue that the prosecution’s evidence fails to prove beyond a reasonable doubt that they had actual (physical) or constructive (control) possession of the cocaine found by police, such as when a defendant drives a borrowed vehicle or police find cocaine on another occupant.
- Lack of knowledge: A defendant may assert that they did not know of the presence of cocaine in the vehicle, particularly when police find the cocaine on another occupant’s person or in that occupant’s bags.
- Unreliable laboratory testing or lack of evidence of the substance’s identity: Defendants may challenge the reliability of lab testing to confirm the identity of the substance seized from them as cocaine or may highlight the lack of scientific evidence confirming that the seized substance was cocaine.
- Unlawful traffic stop: A defendant may contest the legality of the traffic stop that led to their cocaine possession charges by arguing that the law enforcement officer did not have reasonable suspicion of a traffic violation or criminal offense to initiate the stop or to prolong the stop beyond its initial legitimate purpose.
- Unlawful search: Defendants may seek to exclude evidence of cocaine from the prosecution’s case by arguing that police officers lacked probable cause of a criminal offense to conduct a warrantless traffic search and could not justify a search under another legal exception, such as an inventory search.
Importance of Legal Representation in Drug Cases
Cocaine possession carries significant penalties due to the severity of the crime. As such, having experienced legal representation can be critical to protecting your rights and interests. A criminal defense attorney in New Jersey can:
- Independently investigate your charges to ensure you do not have to rely on the prosecution’s case file to build your defense.
- Review the facts and evidence to identify potential defense strategies
- Explain your charges and what the prosecution must prove and prepare you for what to expect in the criminal justice system to help you make informed decisions.
- Contest the prosecution’s case at every step, including filing pretrial motions to exclude evidence or dismiss your charges due to the insufficiency of the prosecution’s case.
- Pursue the best possible resolution of your charges, even if that means going to trial to assert your innocence or fight the state’s case.
Contact Our NJ Drug Possession Defense Lawyers for Help
Have you been charged with possession of cocaine after a traffic stop in New Jersey? If so, contact Keith Oliver Criminal Law today for a free, confidential consultation with our NJ drug possession defense lawyers to discuss your legal options for winning your case.
