Mount Olive NJ Failure to Turn Over Drugs Lawyer
Drug Charges Defense Attorneys with Offices in Morristown, New Jersey
When you are stopped by the police while in the possession of a controlled dangerous substance (CDS), you must turn over the drugs to the police. If you fail to hand over the CDS to the police, you can be charged with Failure to Make Lawful Disposition of CDS. Even if you are not under the influence of any drugs, you can be charged with this offense. The prosecutors of the State of New Jersey will zealously prosecute any amount of contraband found in your possession, even if it is a relatively small amount. As a result, you could be looking at serious prison time and your permanent record could be tarnished.
The lawyers at the Tormey Law Firm are prepared to attack the State’s case and put you in a position to achieve the best possible result. Our managing partner, Travis J. Tormey, has handled thousands of cases in Municipal and Superior Courts around the State. He has extensive experience representing clients charged with drug-related offenses, including possession of cocaine, possession of CDS in a motor vehicle, and heroin distribution.
If you or a loved one has been charged with a drug-related offense in New Jersey, contact the Tormey Law Firm today at 866-949-6948 for a free consultation. You can also use the online contact form to schedule an appointment
Failure to Make Lawful Disposition of CDS in New Jersey: N.J.S.A. 2C:35-10(c)
A failure to turn over drugs to a police officer is a disorderly persons offense in New Jersey. The charge is governed by N.J.S.A. 2C:35-10(c), which provides, in pertinent part:
§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
“Knowingly” Element of the Crime under New Jersey Law
The State must prove beyond a reasonable doubt that a possessor of drugs acted knowingly in possessing the item and fails to voluntarily give up the contraband to the police. A person acts “knowingly” when their conduct or other circumstances dictate that there is a high probability of awareness of a particular fact.
Penalties for Failure to Make Lawful Disposition in NJ
Disorderly Persons Offenses carry a maximum of six (6) months in a county jail and up to a $1,000 fine, along with a potential community service, probation, and a permanent criminal charge on your record. Under New Jersey law, if the penalties for the offense involve six (6) months or less in jail, the offense is not considered a crime. However, these offenses are still classified under the “2C” criminal code under New Jersey law, meaning that a Disorderly Persons conviction will still give a defendant a criminal record.
Contact a Florham Park NJ Failure to Turn Over Drugs Lawyer Today
In the State of New Jersey, Municipal and County Prosecutors are forbidden from entering into plea agreements with defendants charged with this disorderly persons offense. For this reason, you need an experienced drug crimes defense attorney to protect your rights.
The aggressive criminal defense lawyers at the Tormey Law Firm can help you potentially beat your drug charges. Our attorneys have handled thousands of criminal cases in municipal and superior courts throughout New Jersey. Additionally, we have former NJ prosecutors on staff, so we have insight into how the other side will think in your case.
If you or a loved one has been charged with a drug crime in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use our online contact form.