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Maintaining CDS Production Facility 2C:35-4

Our Law Firm Has Successfully Handled Thousands of Criminal, DWI, and Municipal Court Charges Throughout Union County and New Jersey.

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Keith G OliverReviewsout of 55 reviews William A ProettaReviewsout of 30 reviews
Proetta & Oliver

Elizabeth NJ Drug Production Facility Lawyer

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

The criminal offense of operating or maintaining a drug production facility in New Jersey is one of the most severe crimes in our state. In fact, the legislature has made the use of a production facility a first degree crime – the same as rape or murder. This is an attempt by the legislature to target the ever growing drug distribution market in the tri-state area, which is fueled by some highest demands in the United States. While most people may think of a production facility of controlled dangerous substances as some secret chemical lab brewing up meth and ecstasy which is tucked away in someone’s shed or abandoned warehouse this is often not the case. The most common type of production facility we see charged in New Jersey is for Cultivation of Marijuana. Our states warm growing season and rich soils are perfect for outdoor cultivation of marijuana which makes it a popular spot for some large operations as well as just teenagers and potheads looking to experiment and smoke their own grow. However, growing marijuana indoors has become more popular in recent years because you can control the climate, grow year round and many people feel it is safer. However, every year we are contacted by clients who have been caught and arrested for growing marijuana in New Jersey for any number of different reasons. Each year, state and local police monitor nurseries, suspicious internet purchases, and even electric bills to track down suspected growers. Whatever, the circumstances of your case are, you can be sure that we are experienced in defending clients against these types of charges and are here to help you. At the Proetta & Oliver we represent clients throughout New Jersey including Union Township, Cranford, New Providence, Summit, Roselle Park, Elizabeth, and Scotch Plains. If you would like to speak with an experienced criminal defense lawyer contact us today at (908) 838-0150 for a free initial consultation. Our phones are answered 24/7.

Operating a Drug Production Facility: N.J.S.A. 2C:35-4

The New Jersey statute for operating or maintaining a CDS production facility applies to the production of all drugs that are labeled Schedule I or II controlled dangerous substances in the New Jersey CDS Schedule. This includes drugs such as Cocaine, phencyclidine, Heroin, flunitrazepam, Marijuana, methamphetamine, gamma hydroxybutyrate and lysergic.  The law clearly states that any individual who operates and maintains, or in other ways aids the production such as financing or promoting will be subject to the mandatory penalties contained within 2C:35-4. Under this state it is a first degree indictable crime to operate a drug product facility in New Jersey. Moreover, a first degree offense is punishable by 10 – 20 years in state prison with a presumption of incarceration for even a first time offender. Moreover, if convicted, the court will sentence you to serve a period of 1/3 – 1/2 the incarceration without the ability of parole. To make matters worse, under the Brimage Guidelines, if you have any prior offenses for Distribution of CDS you will sentenced to an extended term of incarceration on top of every thing else. It is clear that these penalties are serious and you need a serious criminal attorney to combat the state’s case against you and defend your interests. At Proetta & Oliver we have defends our clients against thousands of criminal charges including maintaining a CDS production facility. To learn more about your rights and potential representation, contact us today at (908) 838-0150 for a free consultation with an experienced lawyer.

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Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted


242 10th Street Suite 103 Jersey City, NJ 07302

Phone: (201) 793-8018

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3840 Park Ave, Suite 202 A, Edison NJ 08820

Phone: (732) 659-9600

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20 Commerce Drive, Room 135 Cranford, NJ 07016

Phone: (908) 838-0150

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