When police perform a search during a drug investigation, issues may arise that can compromise the legal rights of the accused. Recently, a New Jersey man was arrested on gun and drug charges after police searched his home and a rented storage unit. As the accused prepares his criminal defense, he may wish to examine all of the evidence against him, as well as the procedures leading up to his arrest.
The drug raid occurred recently in Toms River, where police seized about 150 bags of heroin as well as oxycodone and alprazolam. Police also found drug paraphernalia, including packaging materials and a scale. They also seized nearly $5,000 in cash, a loaded handgun and a BMW that police believe was used for dealing drugs.
The accused individual now faces several drug allegations that include drug possession, possession of drug paraphernalia and possession with intent to distribute. The gun charges against him include unlawful possession of a firearm and possession of a firearm while committing a drug offense. The Ocean County Superior Court judge set his bail at $200,000.
In New Jersey, as with anywhere else, the accused defendant is presumed innocent unless a guilty verdict is rendered, and he or she has the right to an objective hearing. An accused defendant may face serious penalties in the event of a conviction, so it is important for each such defendant to determine if their legal rights have been violated at any time during a search, seizure and arrest. Having a thorough criminal defense strategy may help defendants to achieve the best possible outcome against gun and drug charges, whether that is through fighting the allegations or reaching some sort of plea agreement with prosecutors.
Source: Toms River, NJ Patch, “Toms River Man Faces Gun, Drug Charges,” Bill Borden, Dec. 17, 2012