Failure to Make Lawful Disposition of Drugs

Brick NJ Drug Offense Attorneys

New Jersey law requires that you surrender illegal drugs to the nearest police officer once they common within your direct or constructive possession. This offense is commonly referred to as failure to make lawful disposition of a controlled dangerous substance ("cds"). This violation is a disorderly persons offense that exposes you to fines, the possibility of jail, as well as a mandatory driver's license suspension. A qualified attorney can accomplish a substantial amount in avoiding these penalties and this is exactly what you will achieve by hiring Marshall Bonus Proetta & Oliver. Our lawyers have over 100 years of combined experience defending clients against this and other drug/cds offenses in
Brick, Toms River, Point Pleasant, Seaside Heights, Jackson and other towns. We are confident that the attorneys on our defense team, including former prosecutors that have served in nearly 15 Ocean County municipalities, can help you successful escape a criminal record for this charge. Contact our office in Toms River at (732) 286-6500 for a free consultation.

How Does the Prosecutor Prove Failure to Make Lawful Disposition of a CDS?

The offense of failure to make lawful disposition of cds is set forth at N.J.S.A. 2C:35-10(c).  In order to convict you of this charge, the prosecutor must prove, beyond reasonable doubt, that you:

  1. Illegally obtained or possessed a CDS; and
  2. Failed to voluntarily deliver the substance to the nearest law enforcement officer.

Typically, our clients face these charges after they have been detained or searched by a law enforcement officer. Accordingly, the failure to make lawful disposition charges will likely be one of many other CDS possession charges our clients may be facing. These searches or detainments are often improperly handled and our attorneys can have these charges thrown out in court for an impermissible search and seizure.

What Are the Penalties for a Failure to Make Lawful Disposition Conviction?

As mentioned above, failure to make lawful disposition of a CDS is a disorderly persons offense. These types of offenses are also commonly known as misdemeanors and are often heard in the municipal court of the town where the incident occurred. If convicted, the defendant will face up to six (6) years in Ocean County Jail and a fine up $1,000. As a disorderly persons offense, there is a presumption of a non-custodial sentence. However, if this charge is amongst many others, it is possible for the State to use these compounding charges to obtained a custodial sentence, aka prison time.

Eagleswood NJ CDS Possession Lawyer

An arrest in Eagleswood or another location in Ocean County for violating 2C:35-10(c) clearly has the potential to cause significant issues in your case. This is why this matter is not something you should handle without the assistance of an experienced criminal lawyer. An attorney at the Toms River firm of Marshall Bonus Proetta & Oliver can definitely provide competent representation in this capacity. We defend clients charged with drug/cds possession in Eagleswood, Manchester, Stafford, Lakewood, Berkeley and throughout this county. To speak to an attorney immediately about the failure to make lawful disposition, call (732) 286-6500 anytime 24/7. Attorneys welcome the opportunity to discuss your case free of charge.

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