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Drug Offenses

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Drug Possession Lawyer

Defense Attorneys for Drug Charges in Hunterdon County, New Jersey

Somerset County NJ Drug Charges LawyersWhether you have been charged with the possession of marijuana under 50 grams or being the leader of a drug trafficking network in Somerset County, NJ, the drug defense attorneys at Proetta & Oliver can help. Being charged with a drug offense is not something to take lightly. Almost all drug charges in New Jersey are going to be felony offenses and as such, the ramifications if convicted can be devastating. 

Looking to Speak to a Local Somerville Attorney about Drug Case

At Proetta & Oliver, we are well aware of what a criminal conviction for drugs can do to one’s future. As such, we will formulate a game plan and aggressively attack the evidence against you in order to obtain a favorable resolution. Our attorneys have been defending clients accused of various different level drug offenses in courts throughout New Jersey, including throughout Somerset County for years now. We serve all of Somerset County, including towns like Bound Brook, Somerville, Bridgewater, South Bound Brook, North Plainfield, Branchburg, Raritan and Bedminster. If you would like to come into our office for a free face to face consultation then please contact us at (908)-533-1064. We can discuss the specific facts of your case and we will give you our honest feedback on how we think we can be of assistance.

What to Know about Drug Cases in Somerset County

If you have been charged with the possession of cocaine, the possession of heroin with the intent to distribute, the distribution of marijuana or the distribution of drugs within a school zone in Somerset County, it is imperative that you speak to an experienced criminal defense attorney as soon as possible. Hiring the right attorney, one that knows how to defend these types of charges can go a long way. Most drug offenses revolve around some form of a search and/or a seizure. This a great angle for a defense attorney to try and attack. If an attorney is successful during a suppression hearing, they may be able to get the charges thrown out completely or at the very least, drastically improve their negotiating position. Another angle would be to attack an inculpatory statements that may have been made by the defendant that leads to the discovery of the drugs. If successfully, it could lead to a suppression of the State’s key piece of evidence, the drugs, under the fruits of the poisonous tree doctrine. These are just a few of the ways that we look to attack drug cases in New Jersey. Our attorneys are available immediately to discuss your options, please feel free to contact us at (908)-533-1064. 

Now here is some information on some of the most common drug offenses issued in Somerset County.

How to Post Bail on a Drug Charge in New Jersey?

As of 2017, the bail system in New Jersey has forever changed. For the most part things have gotten easier for Defendants charged with low level drug offenses to be released pretrial without a cash bail. Now opposed to a cash bail, most Defendants are being released with certain conditions being imposed, whether that be electronic monitoring, home confinement or mandatory reporting. However, the system has changed for the worse when it come to more serious charges like heroin distribution. Now, the prosecution has the ability to seek to detain a Defendant pretrial, without bail, pending trial. In order to do so a Detention Hearing must be conducted. These hearing could be and always should be taken contested. For more information on these hearings please contact us at (908)-533-1064. Here is what the Judge needs to determine during the detention hearing: 

  • Will the defendant will appear in court as required;
  • Will the defendant pose a danger to any other person or the community; and/or
  • Will the defendant obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.

What if the Police Did Not Find the Drugs on me?

Actual Possession vs. Constructive Possession

One of the most common questions that we get asked when it comes to drug possession charges is “What if the drugs were not physically found on me?”.  This scenario normally arise when a group of Defendants are arrested as a result of a motor vehicle search where in which the drugs in question were located inside the vehicle but not physically located on a particular Defendant.  In New Jersey, the prosecution does not need to establish that the Defendant physically possessed the drugs in question in order to obtain a conviction. The prosecution has the ability to try and prove their case by establishing what is known as constructive possession. Unlike actual possession, where the drugs are physically found on the Defendant’s persons, under the constructive possession theory, the drugs are not physically found on the Defendant’s persons but in an area within their reach. Under the constructive possession theory, the prosecution must establish not only that the Defendant was aware that the drugs were present but that they had intentions to exercise control over them. This is no easy defeat and it can often prove to be problematic, especially if there are multiple Defendants involved.

Can the Police Seize my Car Based an Arrest for a Drug Case in New Jersey?

The prosecution would have the ability to seize and then file for forfeiture of any items that they believe is the product of the fruits of the illegal activity (i.e. cash from drug sales) or is used in the commission of the illegal activity (i.e. car to drive to the drug sales). That is why seizures and forfeiture motions are so common in drug cases in New Jersey. Some of the most common items that we see subject to a forfeiture motion when it comes to a drug case in New Jersey, includes motor vehicles, boats, bank accounts and jewelry. But just because an item was seized, it does not mean that it will automatically be forfeited. In order for the prosecution to do so, they must file a formal motion. Once that is done, a hearing will be conducted. This hearing is separate and apart from the criminal case and will  be conduct in the Chancery Division. Typically speaking, these hearings will be stayed pending the outcome of the criminal case.  If you have any questions about how a forfeiture motion works in Somerset or Hunterdon County, the Law Office of Proetta, Oliver & Fay can help.

Speak to a Drug Defense Attorney in Bridgewater NJ Today

If you have been arrested and charged with distributing marijuana, possessing cocaine with the intent to distribute, possessing Molly or possessing LSD, the attorneys at Proetta & Oliver can help. Both Mr. Oliver’s and Mr. Proetta’s entire careers have been dedicated to defending those accused of crimes in courts throughout New Jersey. We serve all of Somerset County, including courts like Somerville, Bridgewater, Hillsborough, Millstone, Manville, North Plainfield, Raritan and Bernard. If you would like to come into our office for a consultation then please contact us at (908)-533-1064 or you can email us. As always, our initial consultations are free of costs. So if you have any questions, please do not hesitate to contact us.