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Criminal Defense Attorney in New Jersey Obtains Not Guilty Verdict on Drug Purchase and Probation for Use

Author : Tal Hirshberg, Esq.



A criminal defense attorney in New Jersey is often needed when a defendant faces both drug purchase and drug use allegations, particularly in cases where the prosecution lacks independent corroboration.

 

In New York and New Jersey, drug purchase requires clear proof of an actual transaction, while drug use may be established through statements, circumstantial evidence, and timeline analysis.


In this matter, the client had a prior methamphetamine record, yet the defense successfully separated the legal elements of “purchase” and “use,” demonstrated the absence of transaction evidence, and presented meaningful mitigation based on family responsibilities and rehabilitation efforts.


As a result, the court found the client not guilty of the alleged drug purchase due to insufficient proof and imposed probation for the drug use conduct after reviewing substantial mitigating materials.

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1. Criminal Defense Attorney in New Jersey | Client Background and Case Initiation


Criminal Defense Attorney in New Jersey Client Background and Case Initiation

 

The client sought representation after being indicted for separate incidents of methamphetamine use and an alleged drug purchase that prosecutors attempted to merge into a single course of criminal conduct.

 

Despite having a previous conviction, the client maintained that no verifiable purchase took place.



Prior Conduct and Newly Discovered Incident


Although the client had previously been punished for methamphetamine use, a separate and older incident surfaced during a subsequent investigation, leading prosecutors to reopen the matter.


Prosecutors sought to consolidate the new allegations with the previous case as related conduct.

 

Because New York and New Jersey courts may treat temporally connected acts as “joined” matters in sentencing, the client faced heightened exposure, including potential incarceration.


The prosecution charged both use and purchase, despite lacking physical evidence such as drug recovery, seller identification, communication logs, or transaction proof.



Heightened Sentencing Exposure Due to Prior Record


Given the client’s previous conviction, prosecutors argued that a custodial sentence was appropriate.

 

The criminal defense attorney in New Jersey, however, argued that the prior conviction should not automatically define the outcome of the newly raised allegations, especially where proof was weak.



2. Criminal Defense Attorney in New Jersey | Defense Strategies Presented to the Court


To address both the evidentiary issues and the sentencing risks, the defense attorney pursued a multi layered approach that emphasized legal separation between the alleged acts, challenged unsupported accusations, and provided substantial mitigation.

 



Argument 1: Consolidation Fairness and Proportionality


The defense emphasized that the newly discovered incident pre dated the prior conviction and therefore should not be treated as an aggravated “repeat offense pattern.”


Counsel argued that the incidents formed a single behavioral timeline unrelated to intentional recidivism.


The court was urged to apply proportionality and to avoid double counting the client’s prior punishment when assessing the new allegation.



Argument 2: Absence of Corroboration for the Alleged Drug Purchase


The criminal defense attorney in New Jersey focused on the lack of transaction evidence.


The prosecution relied exclusively on the client’s prior statements without any physical methamphetamine, no evidence of acquisition, no dealer identity, and no communication logs that could indicate a purchase.


The defense emphasized the legal principle that use and purchase are separate criminal acts requiring independent proof, and that a defendant’s admission to use cannot automatically support a conviction for purchase.


This separation is consistent with New York evidentiary requirements that a confession must be supported by corroboration of the underlying criminal act itself, not merely of surrounding conduct.



Argument 3: Family Responsibility and Humanitarian Mitigation


The client was the primary caregiver for a parent undergoing intensive cancer treatment.


The defense submitted hospital records, billing statements, and caregiver support letters demonstrating the client’s indispensable role in the family’s daily functioning and medical care.


This evidence supported the argument that incarceration would cause disproportionate harm beyond the client, affecting medically vulnerable family members.



Argument 4: Reintegration and Rehabilitation Evidence


The client maintained steady employment, held dual jobs, and provided regular financial support to the family.


The attorney submitted pay stubs, employer letters, and character statements showing that the client had established stability and was not engaged in ongoing drug related behavior.


The defense further highlighted that the client demonstrated readiness for treatment and reintegration rather than presenting a continuing public safety risk.



3. Criminal Defense Attorney in New Jersey | Court’s Findings and Final Judgment


Criminal Defense Attorney in New Jersey Court’s Findings and Final Judgment

 

After reviewing the evidence and hearing arguments, the court reached a divided outcome based on the differing levels of proof required for each allegation.



Not Guilty on the Drug Purchase Allegation


The court held that the prosecution failed to produce corroboration for the alleged purchase.


Without physical evidence, transaction records, or a supplier, the client’s previous admission to use did not legally establish the existence of a purchase.


Therefore, the court entered a Not Guilty verdict on the purchase count.



Probation Granted for the Drug Use Charge


For the use allegation, the court found that the defendant’s statements and contextual evidence were sufficient.


However, after weighing family care responsibilities, stable employment, and rehabilitation progress, the court imposed probation rather than incarceration.


This outcome reflected the court’s recognition of the defense attorney’s evidence based and humane approach to mitigating punishment.



4. Criminal Defense Attorney in New Jersey | Practical Guidance for Similar Cases


Cases involving multiple drug allegations require strategic separation of evidentiary elements and careful attention to mitigating circumstances.


The criminal defense attorney in New Jersey demonstrated that acquittal is possible when the prosecution lacks independent corroboration, and non custodial outcomes can be achieved through strong personal mitigation documentation.



Lessons for Defendants Facing Similar Charges


ㆍPurchase and use are separate crimes requiring separate proof; an admission to use does not establish purchase.

 

ㆍCorroboration rules in New York and New Jersey courts protect defendants from convictions based solely on unverified confessions.

 

ㆍMitigation matters family obligations, employment history, and rehabilitation steps significantly influence non custodial sentencing.

 

ㆍEarly legal intervention is critical in cases involving prior convictions, as prosecutorial assumptions about recidivism can be challenged with structured defense strategies.


09 Dec, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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