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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 Law Offices of Jonathan F. Marshall. 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) months 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 Law Offices of Jonathan F. Marshall 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.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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