Suppression of illegally obtained evidence and other defense strategies in Bergen County drug cases
A conviction for drug possession in Bergen County of any narcotic or controlled substance can result in lengthy jail sentences, substantial fines, and a criminal record that can damage one’s reputation. Even possession of a small amount of a drug can result in criminal charges. Possession includes actual and constructive possession. Actual possession means that the drugs were physically on you or your clothing at the time the officer seized them. Constructive possession means that the circumstances around the drug seizure, such as finding drug paraphernalia nearby and the knowledge that you were under the influence of narcotics, imply that you had illegal drugs.
Protecting the Rights of Bergen County NJ Residents Accused of Drug Possession
At Aiello, Harris, Abate, Law Group PC, many of our drug defense lawyers are former prosecutors or worked for law enforcement agencies before joining our firm. Our lawyers understand how frightening a drug charge can be. Our Bergen County criminal lawyers employ many different strategies that have proven successful in helping the accused. Often, the prosecution will be compelled to dismiss the criminal charges if the evidence is suppressed. At other times, we assert additional defenses to help win your case. When possible, we also work to arrange plea bargains that reduce the drug charge sentencing or make agreements that provide that the accused attend a drug rehabilitation facility instead of being confined to jail.
Case Study
Drug Charges Dropped
The attorneys of Aiello, Harris, Abate Law Group PC appeared in Union Municipal Court, 981 Caldwell Ave, Union, NJ before the Honorable Kelly Waters, JMC. Municipal Prosecutor, Michael Wittenberg, Esq. The defendant was charged with drug possession and possession of drug paraphernalia in violation of N.J.S.A. 2C:35-10 and N.J.S.A.
The U.S Constitution’s Fourth Amendment provides that police cannot search anyone or seize them unless certain conditions are met. If those conditions are not met, then the accused has the right to demand that the evidence obtained during the search or seizure be dismissed – that it cannot be used in the criminal case. Additionally, the Supreme Court of the United States has held that any evidence obtained “through” the original illegal search or seizure also should not be used. In essence, if the original tree (search or seizure) was poisonous, then any subsequent fruit (new evidence) is also considered toxic.
The police’s right to search depends on the circumstances surrounding the search. Police are generally given more latitude to search a vehicle than they are someone’s home.
Our possession attorneys file motions to suppress evidence that was illegally obtained. In many cases, we have successfully persuaded a judge that the evidence was tainted by police misconduct.
Evidence can be illegally obtained if:
There was no reasonable suspicion to stop the accused
The search required a warrant, and there was no probable cause
It was clear someone else was in possession of the narcotics
Each case is different. Our drug crime lawyers contest all the assumptions police made to justify the search.
Other drug possession defenses
Our drug possession lawyers may also argue:
The facts do not support a finding of constructive possession
The drug tests used to analyze the narcotics were improper
That the accused was in legitimate possession of the drugs
In some cases, a co-defendant may help prove the defendant’s innocence. The arguments vary depending on the facts of each case
Contact us today
The firm of Aiello Harris Abate, Law Group PC has been fighting for the rights of the accused since 1955. Our lawyers are skilled trial attorneys who understand the full range of legal defenses available to defendants. We hold the police and the prosecution to their duty to comply with New Jersey law and the federal Constitution. Our drug possession lawyers in Lyndhurst, NJ of Bergen County assert every appropriate argument to show that there is reasonable doubt about a client’s guilt.
Call us today at (551) 321-6524 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at the Lyndhurst, NJ, office or one of our other office locations across New Jersey.
Contact our Bergen County Drug Possession Lawyers
Meet Our Team
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.