{"id":5134,"date":"2025-05-22T18:03:00","date_gmt":"2025-05-22T18:03:00","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5134"},"modified":"2025-06-11T14:22:47","modified_gmt":"2025-06-11T14:22:47","slug":"common-misconceptions-regarding-drug-charges","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/common-misconceptions-regarding-drug-charges\/","title":{"rendered":"Conceptos err\u00f3neos comunes sobre los cargos por drogas"},"content":{"rendered":"
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Entrevistador: <\/strong>What are some of the more common misconceptions that people have about cargos por drogas<\/a>?<\/p>\n\n\n\n

James Abate<\/a>: <\/strong>That they\u2019re not going to get caught. To some extent, that brings us to search and seizure law. Many of these cases occur within the context of a motor vehicle stop. You\u2019re going to be dealing with a case where someone\u2019s been pulled over, where the officer needs that probable cause to pull them over, where the officer needs to have probable cause to search the vehicle, and it brings in whether they\u2019ve consented to the search or not, whether the dogs have been brought out to sniff the vehicle.<\/p>\n\n\n\n

The biggest misconception is when people think, \u201cI\u2019m just going out for a drive.\u201d No, you\u2019re not going out for a drive. You\u2019re going out with drugs in your vehicle and you are now bringing into account huge Fourth Amendment constitutional issues that can arise out of your drive because you have drugs in the car.<\/p>\n\n\n\n

I don\u2019t even know if this is a misconception but it\u2019s almost magic. It seems that police have an awfully good idea of whom to pull over to search for drugs. I would have to say that from my experience, handling cases involving motor vehicles and drugs, it\u2019s amazing to me how often police just know there are drugs in a vehicle. I don\u2019t know if it\u2019s that they know that most young people use drugs and if they pull over mostly young people they\u2019re going to find drugs in a vehicle or what. When an officer comes to a vehicle and he asks if you have drugs in your vehicle, it indicates he has a suspicion that the person does have drugs in the vehicle. When he asks to do a search of the vehicle, most of the time they do find drugs. Maybe I\u2019m the one with the misconception thinking that drug use is less prevalent than it is.<\/p>\n\n\n\n

Advice To Clients<\/h2>\n\n\n\n

Entrevistador: <\/strong>What are some things that you would recommend for someone that would help their case?<\/p>\n\n\n\n

James Abate: <\/strong>The first thing is, don\u2019t ever consent to searches of your vehicle. Don\u2019t answer questions for police officers that are looking to get you in trouble. If the officer starts asking you questions outside of your motor vehicle stop, politely say, \u201cI\u2019m sorry, Officer. I don\u2019t answer questions to police officers and I don\u2019t consent to searches of my vehicle.\u201d It\u2019s a hard thing to do. The courts realize that you\u2019re given these significant, additional protections.<\/p>\n\n\n\n

When you tell an officer, \u201cI\u2019m not going to answer your questions\u201d or that you don\u2019t consent to searches of your vehicle, you\u2019re giving them a tipoff that maybe you have something to hide. You shouldn\u2019t have to. It\u2019s your constitutional right not to be searched without consent. It\u2019s your constitutional right not to have to create evidence against yourself. It\u2019s hard to say no to an officer. The number one rule I would give \u2013 usually something I would tell people who have already been charged \u2013 is just to shut up.<\/p>\n\n\n\n

If the police have asked to search your vehicle, contact the equipo de defensa penal de Nueva Jersey<\/a> of Aiello, Harris, Abate Law Group PC. Use our contact information below:<\/p>\n\n\n\n

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Recursos sobre delitos de drogas<\/h3>\n\n\n\n