3 Ways to Ruin Your Spring Season in New Jersey or Pennsylvania
Winter is quickly coming to an end and Spring will be here in about a week. We turn the clocks forward tomorrow! Many people use the Spring to get ready for summer and conquer projects that they have put off during the winter months. Nothing can derail your spring plans however like a criminal charge in New Jersey or Pennsylvania where our criminal defense law firm has represented clients for over a decade. While most of my regular readers won’t run have any trouble this Spring, they likely have a friend or a family member who doesn’t read my law firm’s weekly E-Updates, my blogs, my books, or watch my more than 600 videos.
As I’ve written on thousands of blogs, weekly updates, books and produced over 600 videos, individuals who fail to understand their rights and limitations are usually in the worst position if and when they find themselves charged with an offense or crime in Pennsylvania or New Jersey. I firmly believes that an educated client is in the best position to obtain a great result in his case.
While obviously there are number of crimes that a person could be charged with, the majority of offenses that we see during the Spring involve the following:
- Drugs & Narcotics Crimes
- illegal possession/distribution of drugs and narcotics (Title 35, Section 780-113, PA; 2C:35-10, NJ),
- Guns & Firearm Crimes
- illegal guns & firearms (Title 18, Chapter 61, PA; 2C:39-5, NJ), and
- Drunk Driving
- driving under the influence (DUI/DWI) (Title 75, Chapter 38, PA; 39:4-50, NJ).
All of these crimes typically don’t involve violence but happen because a person failed to understand their action in relation to the law in question. Sadly, people believe that many offenses occur because individuals intentionally choose to commit a crime. While this does happen, our criminal defense law firm represents a number of individuals who truly believe that their act wasn’t illegal and well within their rights under the law in New Jersey and Pennsylvania.
This is why it so important to understand the laws relating to drugs, narcotic, drunk driving and unlawful or illegal gun possession. Our law criminal defense attorneys produces the majority of its written and video content in this area because offenses within in these areas are so common especially in New Jersey & Pennsylvania.
Here are the 3 mistakes that we often see as the most troublesome, especially during the Spring.
- Illegal Drugs & Narcotics – Possession vs. Possession with Intent to Distribute
The most common drug and narcotic offense that our firm handles involve the possession or the possession with the intent to deliver the following substances Marijuana Cocaine Crack Heroin Phencyclidine (PCP – aka Angel Dust) Methamphetamine (Meth) In addition to these factors the prosecution will also argue that the paraphernalia found at the time of the arrest is evidence of a more serious charge.
For instance, if the person is arrested with a large amount of drugs, cash, and items used to distribute or transfer those drugs this is all strong evidence of a felony charge as opposed to a misdemeanor possession charge in Pennsylvania (The Controlled Substance, Drug, Device, and Cosmetic Act – 35 P.S. Section 780-113 (30)) or New Jersey (See 2C: 35-5.) Drug Offenses & Drivers’ Licenses While Pennsylvania has amended its traffic code to eliminate a mandatory six (6) month drivers license suspension for any drug offense, New Jersey can suspend driving privileges for any drug conviction.
The New Jersey license or driving privilege suspension isn’t mandatory and is at the discretion of the judge (See 2C:35-16). Read my article to learn more about this issue. Paraphernalia typically associated with Possession With Intent To Distribute or Deliver (PWID) large amount of cash or currency plastic baggies scale rubber bands Possession of Drug paraphernalia is actually a separate criminal charge in Pennsylvania and New Jersey and it is sometimes added in addition to the other charges of simple possession and/or possession with the intent to deliver. Paraphernalia typically associated with personal use of drug or simple possession are the following: syringes or needles, rolling paper, matches, and pipes (bongs)
Why Is This So Important – Felony vs. Misdemeanor
Your criminal defense lawyer shouldn’t ignore the drug paraphernalia aspect of your criminal drug case. Focusing simply on the drugs and the arrest is simply the wrong strategy. Issues like reasonable suspicion and probable cause are obviously important to the pre-trial aspects of your criminal case (pre-trial motion to suppress evidence) as are issues like constructive vs. actual possession at trial.
It is sometimes difficult, if not impossible, to avoid a criminal charge when the prosecution can establish possession and there are no pre-trial suppression issues. A conviction for a misdemeanor however is far less serious than a felony conviction. The law is also changing in Pennsylvania with regards to non-violent misdemeanor convictions like drug possession.
- Taking prescription medicine and certain over the counter drugs before getting on the road to visit family and friends.
Most people believe that driving under the influence (DUI) or driving while intoxicated (DWI) only occurs when an individual has imbibed or consumed too much alcohol or an illegal narcotic or drug, like marijuana, heroin, PCP, or crack cocaine. This however, is not the law in any jurisdiction and the purpose of the DUI/DWI statutes is to protect the public from impaired or intoxicated drivers who aren’t able to safely operate a motor vehicle on the road.
Prescription medications and drugs, which your doctor prescribes legally to you, can sometimes cause impairment. This impairment warning is always indicated on the label of the drug. When a person operates a car or motor vehicle under the influence of any substance that causes impairment, they commit a crime under the DUI/DWI statute in Pennsylvania and New Jersey
Pennsylvania, like New Jersey, imposes mandatory minimum sentencing for these crimes and the law doesn’t distinguish between crack cocaine and Benadryl for the purposes of the mandatory minimum sentencing laws. While obviously the ingestion an illegal substance like crack cocaine, marijuana, or heroin, as opposed to a legally prescribed or over the counter drug, like Benadryl, will likely help an individual from receiving a harsher sentence than the mandatory minimum penalty, it isn’t a legal defense. I can’t tell you how many clients actually believe that its fine to take prescriptions drugs which cause impairment and drive!
- Driving through New Jersey with a handgun and no permit to carry it
I’ve written a number of articles on New Jersey’s Graves Act and its very strict firearms laws, which exposes even first time offenders to a mandatory minimum sentence.
New Jersey does not honor a Pennsylvania license to carry and any individual who enters the Garden State, even if it’s to drive through the state to reach their ultimate destination, commits a felony level offense under the Graves Act in New Jersey.
If you must travel through New Jersey with a handgun, it must be unloaded and secured in a separate lock box or container with the ammunition in a separate compartment. While you are never obligated to give consent to a police officer or state trooper to search your vehicle, carrying the weapon in this manner will prevent you from committing a crime in the Garden State.
Like DUI/DWI in New Jersey, a person who commits a crime under the Graves Act is exposed to mandatory minimum sentencing. New Jersey has enacted safety valve provisions which can prevent a person from serving time in state prison following a conviction under this act; all of these programs are at the discretion of the prosecutor in that particular county.
It’s also important to understand that in many of these cases the prosecutors won’t offer pre-trial intervention (PTI), but rather a plea to a felony level offense, which simply allows a person to serve a probation sentence but still results in a criminal conviction that could seriously impact a person’s professional and educational opportunities.
Our firm wishes you and your family a Happy Spring Season!
For more information on how we can assist you, a friend, or family member, please contact our office and visit our free download section for more information.
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