State's Intent to Distribute CDS Taints Trial Results in Conviction Being Reversed

As discussed in my previous blogs the State's ability to offer the testimony of a detective in a case in which the charge is intent to distribute a controlled dangerous substance (CDS) denies the defendant a fair trial.  Many States do not allow such testimony because it allows a detective who has no first hand knowledge of the case give his personal opinion that the quantity of the drugs seized, along with the packaging, purity, and other factors leads him to believe that the person who possessed those drugs possessed them with intent to distribute them.

Although the New Jersey courts have allowed such testimony and give the prosecution this powerful advantage, many prosecutors attempt with increased creativity to stretch the advantage.  In the recent case State v. Coley (Decided in September, 2912), the Appellate Division reversed a conviction in which the State's detective expert was allowed to testify that in his hypothetical question the "hypothetical target", "was probably distributing drugs."  The Appellate Division held that reference to a "target", was a undoubtedly a "thinly-veiled reference", to the defendant on trial.

New Jersey Criminal Defense attorneys must continue to be vigilant and object to such testimony since the jury often sees no difference between the hypothetical person "X", being referenced by the prosecutor in his or her hypothetical and the defendant.  Any attempt by the prosecutor to infer the defendant's guilt through the testimony of the opinion of the detective/expert must be objected to immediately. 

To counter such testimony, in the right case, the defense attorney should offer the testimony of his or her own expert to testify that such quantity, purity and packaging is consistent with someone who possessed the CDS for personal consumption.  This type of testimony is very important when the quantity of drugs seized is not large.

Law Office of Vincent J. Sanzone, Jr.
Vincent J. Sanzone, Jr., Esq.
CriminalDefenseNJ.com
Telephone: (908) 354-7006
September 10, 2012

New Jersey Criminal Defense Attorney, Union County Criminal Defense Attorney, Elizabeth NJ Criminal Defense Attorney, Hudson County Criminal Defense Lawyers, Newark Criminal Lawyers, Essex County Criminal Lawyers