A 50-year-old man from New Jersey was indicted for several drug charges stemming from an incident that took place on Aug. 11. According to prosecutors, the accused man was in possession of cocaine that he was planning to distribute near the Paul W. Carleton elementary school in Penns Grove.
The accused man's criminal charges for cocaine were enhanced because prosecutors believe that his alleged criminal activities took place within 1,000 feet of a school. The man received third-degree charges for possession of a controlled dangerous substance, possession of cocaine with intent to distribute and possession of a controlled dangerous substance with intent to distribute in a school zone. He also received a fourth-degree charge for tampering with physical evidence.
There were no reports about the investigation in this case or what evidence prosecutors are using against the defendant. In many drug-related criminal cases, investigators will conduct undercover buys in order to gather evidence of an individual's intent to distribute controlled dangerous substances. A lawyer is sometimes able to argue for the dismissal of this type of evidence on the grounds that it was obtained through coercion.
When defendants are facing drug charges after a search and seizure that took place at their home, a criminal defense lawyer may look for mistakes in the search warrant that was used by police. If police used a warrant with the wrong name or address, the search and seizure that they conducted may have been unlawful. A lawyer may use this information to have key pieces of evidence dismissed in order to break down the prosecution's case against a defendant.
Source: NJ.com, "Penns Grove man intended to sell drugs near school, indictment says," Bill Gallo Jr., Nov. 7, 2015