Morristown NJ Loitering in a Drug Zone Lawyer
Drug Charges Defense Attorneys in Morris County, New Jersey
Loitering or Wandering in a Drug Zone is a statewide crime under 2C:33-2.1. In the past, these types of crimes where dealt with under local ordinance violations. However, the NJ legislature determined that a statewide criminal code violation was necessary to combat the rampant drug use in urban areas around the state. Today, being charged with entering a public place for the purpose of obtaining or distributing controlled dangerous substances is a serious offense that will leave you with a permanent criminal record.
The Morris County criminal defense 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 in Rockaway, Boonton, Denville, Parsippany, Morristown, and 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, you can contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.
Loitering or Wandering in a New Jersey Drug Zone
Loitering or Wandering in a Drug Zone for the purpose of purchasing drugs is a disorderly persons offense in New Jersey. The charge is governed by N.J.S.A. 2C:33-2.1, which provides, in pertinent part:
§ 2C:33-2.1. Public place defined; loitering to obtain or distribute CDS is a disorderly persons offense
a. As used in this section:
“Public place” means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.
b. A person, whether on foot or in a motor vehicle, commits a disorderly persons offense if (1) he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog.
c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following:
(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
(2) Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place;
(3) Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place.
d. The element of the offense described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.
Consequences of Wandering in a Drug Zone in NJ
Disorderly Persons Offenses carry a maximum of six (6) months in a county jail, up to a $1,000 fine, a potential community service requirement, a period of probation, and a permanent criminal charge on your record. Under NJ law, if the penalties for the offense involve six (6) months or less jail, the offense is not considered a crime. However, these offenses are still classified under the “2C” criminal code under New Jersey law, and a Disorderly Persons conviction will still give a defendant a criminal record.
Contact a Madison NJ Drug Charge Defense Attorney Today
The criminal defense team at the Tormey Law Firm has the experience to help you beat your drug crime charges. One of our partners, Alissa D. Hascup, is a former Morris County Prosecutor, former Special Deputy Attorney General, and active Municipal Prosecutor. While at the Morris County Prosecutor Office, Ms. Hascup regularly served in the capacity as an “on duty” prosecutor for the Major Crimes Unit, where she was tasked with responding to crime scenes and assisting in the underlying investigations with witness and suspect interviews, as well as search warrant preparation.
If you or a loved one has been charged with a criminal offense in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.