Elizabeth NJ Attorney for Failure to Turn Over Drugs
Our drug defense attorneys frequently represent clients who are charged with failure to make lawful disposition of CDS to law enforcement in Union County, New Jersey. These are considered back-up charges and normally arise out of a larger drug bust when the police arrest you for drug possession or distribution charges such possession of cocaine, distribution of marijuana or heroin possession. Although almost any defendant arrested for drugs could potentially be charged with failure to turn over CDS, police are more prone to charge this crime when the defendant does not consent to a search of their vehicle or home or denies having any drugs on their person. A common example is when a driver gets pulled over for a simple motor vehicle violation and then the police officer claims he smells marijuana in the car and the driver denies that there is any marijuana in the car but a subsequent search by the police officer in fact turns up marijuana. If you or a loved one has found yourselves in a similar position, then it is important for you to contact an experienced drug defense attorney.
The New Jersey Law for Failure to Make Lawful Disposition – N.J.S.A. 2C:35-10(c)
We have provided an excerpt of the law, in pertinent part, for your reading convenience and educational purposes. If you have any questions about the law it is always best to consult with an experienced criminal attorney.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Failure to Turn Over Drugs in Union Twp, New Jersey
As mentioned above, the good news is that failure to make lawful disposition of drugs is a disorderly persons offense which means that it will most likely be handled in municipal court depending what other charges you may be facing as well. Although disorderly persons offenses are less serious than indictable charges, they are still criminal and you can be sentenced up to 6 months in county jail if convicted. A competent Union County drug attorney can can challenge the evidence against you furtherance of a dismissal or downgrade of your charges for failure to hand over drugs to a law enforcement officer or a related charge such as CDS in a motor vehicle or drug paraphernalia then it is important that you contact an experienced drug defense attorney today. In fact we often try to get more serious indictable felony charges downgraded to failure to turn over CDS when there is a suppression issue that leads to proof issues with the evidence. If you or your loved one has been charged under 2C:35-10(c) then contact our office today at (908) 838-0150 for a free consultation.