Failure to Make a Lawful Disposition in Ocean County
A drug offense in New Jersey that is fairly uncommon and very confusing, failure to make a lawful disposition of controlled dangerous substances (CDS) is accompanied by severe consequences. In fact, depending upon the circumstances, this little known offense may actually be classified as a felony charge. Failure to make a lawful disposition of CDS occurs when person becomes aware of the existence of drugs in his or her possession, yet fails to hand them over to the police in a timely manner. As a result, non-drug users may find themselves charged with a severe crime if they fail to meet the requirements of the below statute. Often, the drugs are found by homeowners who had a party in which guests brought drugs, or in an auto where a passenger had narcotics. This charge is not to be taken lightly and requires the assistance of a skilled drug defense attorney. At the Law Offices of William A. Proetta, our lawyers handle drug charges such as failure to make a lawful disposition of CDS and can help you to navigate the court system and will work with the prosecution to get your charges downgraded or dismissed altogether. Contact our Toms River office for a free consultation at 732.494.7900.
New Jersey Law: Failure to Make Lawful Disposition – N.J.S.A. 2C:35-10(c)
The law of NJ not only prohibits individuals from the possession and use of drugs, but also criminalizes the failure to hand over drugs to police once the person is aware of the existence of the CDS. The applicable statute, N.J.S.A. 2C:35-10(c), is provided below for your convenience:
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.
In order for the prosecution to convict an individual for failure to make disposition, the prosecutor must first establish that the suspect obtained or possessed the controlled dangerous substance in question in violation of NJ law. If this element is proven, then the prosecution must then establish that the defendant failed to voluntarily deliver the drugs to the nearest law enforcement officer or police station. A person enjoys immunity from prosecution when he or she complies with this statute.
Toms River NJ Failure to Make a Lawful Disposition of CDS
If you or your loved one has been charged with this serious crime, then it is crucial that you understand that this offense is at the very least a disorderly persons offense, accompanied by up to six months incarceration, fines, and community service. Depending upon the accompanying crimes and amount of CDS in question, the penalties may be more severe. At the Law Offices of William A. Proetta, our attorneys dedicate a large portion of their practice exclusively to handling criminal cases including drug crimes and failure to make a lawful disposition. If you are facing this crime in Ocean County including Bricktown, Stafford Township, Lakewood, Lacey, Jackson, Berkeley Township, or South Toms River then feel free to contact us at (848) 238-2100. Our attorneys are available 24/7 for a free initial consultation to assist you with your drug charges.