how do i prove that the drug paraphernalia was not mine

N.J.S.A. 2C:36-2; New Jersey Drug Paraphernalia is a serious charge.  As an initial matter, you should be aware that even if you did not own or know about drugs in your vehicle, if you are the owner or driver of the vehicle you will be responsible for what is inside.  This is true for items that are also thrown from a vehicle in an attempt to dispose of evidence before or during a lawful stop. One of the first steps in a defense would be investigating whether or not the stop and search was legal, which could throw the case out.  This is a fact sensitive issue that needs to be investigated more fully and cannot be answered without obtaining more information from yourself and from the officers conducting the search. Should the search have been legal, there is an issue of whether the illegal items were actually yours.  This comes down to another fact sensitive issue where the state must prove beyond a reasonable doubt that these items came from you or your car.  Again, I would need more information from yourself and from the officers conducting the search before making a determination of whether there is reasonable doubt in this situation. Both of these proofs for your defense will require intense legal research and investigation.  It is strongly advised that you retain legal counsel for this situation.  Should you wish to schedule an appointment please call my office at 732-797-1600 or visit my firm website at www.cldds.com.  Should you have any other legal concerns, we have attorneys who focus on civil, criminal, municipal, family, elder, real estate, tax, and commercial law. Regards, Edward J. Dimon, Esq.