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Maintaining a CDS Production Facility

Toms River NJ Drug Distribution Attorneys

Any person who operates, finances, promotes or assists in the maintenance of a facility or place in Ocean County that is used for production of a controlled dangerous substance (“CDS”) may be charged with maintaining a CDS production facility under N.J.S.A. 2C:35-4. The violation is a first degree crime, the highest grade of offense set forth under New Jersey Law. In addition to up to 20 years in prison, a conviction for this offense carries a significant mandatory minimum term of incarceration. What this means is that if you are convicted of maintaining a CDS production facility, you will probably have to serve at least 7 years before you are even eligible to be considered for parole. Given the high stakes involved, this is definitely a charge that is best left to a defense attorney that possesses a high level of experience defending distribution cases at the county courthouse in Toms River. Our law firm, Law Offices of Jonathan F. Marshall, is blessed with multiple lawyers with this type of expertise, including several former prosecutors. Call us at (732) 286-6500 whether your were arrested and charged in Toms River, Point Pleasant, Lakewood, Brick, Jackson, Lacey or another municipality in Ocean County. A lawyer is available 24/7 for a free consultation.

How Can I Be Convicted of Maintaining a CDS Production Facility?

This offense can arise in one of two ways, for maintaining or operating a facility or by aiding or promoting a facility. The elements that must be established by the prosecutor in order to obtain a conviction include:

  1. The substance in question was either Methamphetamine, Lysergic Acid Diethylamide (LSD), Phencyclydine, Gamma Hydroxybutyrate (GHB, “date-rape drug”), Flunitrazepam, Marijuana (greater than 5 lbs or 10 plants), Cocaine, Heroin or any other Schedule I or Schedule II controlled dangerous substance (or their analogs);
  2. The premises, place, or facility was used for the manufacture of the specified CDS;
  3. Defendant maintained or operated the premises; and
  4. Defendant had knowledge of the previous three elements (i.e. that drugs were being produced).

For the purposes of the statute, “maintained” means that the defendant continually used the place as a production facility for a controlled dangerous substance. The prosecution can also satisfy this element by proving that the defendant aided, promoted, financed, or otherwise participated in the operation of a controlled dangerous substance production facility.

If I Am Convicted of Maintaining a CDS Production Facility, What Penalties Apply?

N.J.S.A. 2C:35-4 is a first degree indictable offense (i.e. a felony) and carries serious penalties. There is a presumption of incarceration this offense, meaning that a conviction will likely carry incarceration. Conviction for first degree maintaining a CDS production facility carries a term of imprisonment of between ten (10) and twenty (20) years. There are “mandatory minimums” imposed on this sentence as well. What this means is that if you are convicted, there is a period of parole ineligibility between ⅓ and ½ of the sentence that must be served in prison before there is any consideration for parole. There is also a monetary fine imposed of either $750,000 or five (5) times the amount of the “street value” of all drugs that were stored or produced at the facility at any time, whichever is greater.

Lakewood NJ Maintaining a CDS Production Facility Defense Lawyers

There is no grey area when it comes to a charge for maintaining a CDS production facility. This is a first degree crime, the highest grade of criminal offense that someone can face, so a skilled defense attorney is an imperative. Here at Law Offices of Jonathan F. Marshall, our lawyers are highly experienced in cds manufacturing, distribution and possession with intent charges in Ocean County. A lawyer on our team is even a former director of the street drugs task force. We are ready to do what it takes to help you successfully defend the offense for operating a cds production facility in Berkeley, Manchester, Barnegat, Little Egg Harbor, Stafford or another location. Initial consultations are always complimentary so do not hesitate to give us a call to speak to one of our attorneys about your case.

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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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