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, Marshall Bonus Proetta & Oliver, 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 Marshall Bonus Proetta & Oliver, 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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