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Maintaining CDS Production Facility 2C:35-4

Have you been charged with Maintaining a Drug Production Facility in Union County, New Jersey? We can Help.

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Proetta & Oliver

Elizabeth NJ Maintaining a Drug Production Facility Lawyer

Criminal Defense Attorney for Maintaining a CDS Production Facility in Union County, New Jersey

An individual accused of being involved in drug manufacturing operations in New Jersey is in for harsh punishment if convicted. According to N.J.S.A. 2C:35-4, anyone involved in maintaining or operating a facility responsible for producing controlled dangerous substances (CDS), which are drugs considered dangerous, addictive, and non-medicinal under the Controlled Dangerous Substance Act, is guilty of a first degree crime. Typical Schedule I drugs include heroin, methamphetamine, PCP, LSD, flunitrazepam, gamma hydroxybutyrate, or other pharmaceuticals and street drugs. Even though marijuana can be possessed up to 6 ounces and used recreationally in New Jersey by law, unlawfully cultivating marijuana in your home, yard, or other property can still lead to severe first degree felony drug charges for maintaining a drug production facility.

The criminal defense lawyers at Proetta & Oliver handle all aspects of drug cases against clients throughout Union County and New Jersey, including in Union Township, Cranford, New Providence, Summit, Roselle Park, Elizabeth, and Scotch Plains. If you need answers or would like assistance with a drug case, contact us at (908) 838-0150 anytime, day or night, for a free consultation. With decades of combined experience practicing exclusively criminal defense in courts statewide, our attorneys have the knowledge and commitment to effectively fight for you.

Maintaining or Operating a Drug Production Facility, A First Degree Crime NJ 2C:35-4

If you own a drug manufacturing facility where Schedule I or Schedule II drugs are made and are convicted of violating N.J.S.A. 2C:35-4, you are subjected to prison for at least ten (10) to twenty (20) years, with a lengthy mandatory minimum time you must serve without parole eligibility. Since maintaining a drug production facility is governed by the Brimage Guidelines, that court may require you to serve as long as two-thirds of the sentence before you can even qualify for parole consideration. Prior drug distribution offenses increase the penalties even more, as an extended prison term may be imposed.

However, not only owning a drug manufacturing plant can land you in prison. If you are the owner of the building inside which the manufacturing operates, you too can be prosecuted for maintaining a CDS facility if you were aware of what was going on at the premises. Those who market, organize, and finance the production of CDS are likewise subject to prosecution as promoters or aiders of the drug production operation. In other words, if you are the brains, financier, or manager of the operation, you could be guilty of this first degree crime. Fines for your involvement in the operation can be as high as $750,000.00 or 5 times what the products are worth at the going rate.

Additional Charges You may Face for Maintaining a CDS Manufacturing Premises in New Jersey

In cases involving the maintenance or operation of a drug production facility, other criminal statutes may also apply, especially for those who are the leaders of the operation. A separate charge under N.J.S.A. 2C-35-3 for leading a drug trafficking network may also be applicable. Leading a drug trafficking network is a first degree crime, and the prosecutor must show that you conspired with others to manufacture, sell, or otherwise distribute drugs to obtain a conviction. You may be considered the leader of a narcotics operation if you run, finance, or otherwise profit from it.

Charges for operating a CDS facility may be filed against a person as well as drug possession and distribution, which depends on the amount of narcotics in a person’s possession, whether the amount suggests personal use or sale and distribution. Drug possession and distribution may be a third or fourth degree crime depending on the drug and amount. If you have been accused of growing marijuana and charged with 2C:35-4 in addition to marijuana distribution, 25 pounds is a first degree criminal violation, with lesser amounts drawing a second or third degree felony charge.

Speak to a Cranford CDS Production Facility Attorney Today

Maintaining a drug production facility is among the most serious crimes you can be accused of in New Jersey. When facing an uphill battle and a presumption that you will be sentenced to prison regardless of your criminal history, you need to contact a criminal defense attorney to examine your case right away. The lawyers at our Union County law office can review your case and see if the police searched for and seized the narcotics from you illegally. If so, the seized drugs may not be used as evidence against you, and we can potentially make a motion to have that evidence excluded at trial. Our background defending clients charged with severe drug offenses throughout NJ has prepared us to employ all of the best defenses to challenge your charges in court.

Whether we can obtain the top results by convincing the court to throw out evidence, or discrediting witnesses against you, getting the prosecutor to agree to better terms of a plea bargain, or even achieving a dismissal of some or all of the charges, our team is prepared for your defense. To discuss your rights and potential options, contact us today at (908) 838-0150. A free consultation with an experienced Union County criminal lawyer is just one phone call or message away.

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