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Point Pleasant Office


Loitering to Obtain CDS

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Ocean County and New Jersey.

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Loitering For the Purpose of Obtaining CDS N.J.S.A. 2C:33-2.1

Loitering Charges Seaside Heights NJ

Local law enforcement may be triggered by suspicious behavior in certain areas. However, their inability to detect and uncover actual narcotics does not prevent them from filing charges under loitering for the purpose of using, possessing or selling controlled dangerous substance. N.J.S.A. 2C:33-2.1 is the governing statute for loitering charges here in Ocean County, New Jersey. Loitering is a disorderly persons offense that carries up to a 6 months in the Ocean County Jail and a $1,000.00 fine. The conduct that would constitute “loitering” under N.J.S.A. 2C:33-2.1 is subject to interpretation. Therefore, if you believe you have been wrongfully targeted or profiled by police, contact our Point Pleasant office at 848-238-2100. Allow us to assess the merits of your case and litigate the matter at trial, if needed.

What is Loitering in New Jersey?

N.J.S.A. 2C:33-2.1 states the following:

Additionally, pursuant to State v. Kazanes, the “wandering” element of statute prohibiting disorderly persons offense of wandering with purpose of unlawfully obtaining or distributing controlled dangerous substance, as well as other verbs in statute, to “remain,” to “prowl,” require more than the mere going from point A to point B, engaging in drug transaction, and leaving; statute requires some sense of hanging about or lingering in attempt to make drug connection.

Penalties for Loitering to Obtain or Distribute CDS in Brick, NJ

If you are tried and found guilty or if you plead guilty before the municipal judge to the offense of loitering under N.J.S.A. 2C:33-2.1, you may be subject to the following:

Depending on your prior criminal record, or lack thereof, you may be eligible for a diversionary program. However, use of diversionary program is not advisable to every client and should only be considered after consulting with an attorney. If you or a family member have been arrested and charged with loitering in Jackson, Brick, Toms River, Lakewood, Manchester, Barnegat, Harvey Cedars or Point Pleasant, contact the Ocean County criminal defense attorneys at 848-238-2100. Our firm’s office is located in Point Pleasant and we are available to assist you with your disorderly persons offense. Call today or contact us via email.

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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. All major credit cards are accepted.


3828 River Road, Point Pleasant, NJ 08742

Phone: (848) 238-2100

By Appointment Only

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3840 Park Ave, Suite 202 A, Edison NJ 08820

Phone: (732) 659-9600

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242 10th Street Suite 103 Jersey City, NJ 07302

Phone: (201) 793-8018

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20 Commerce Drive, Room 135 Cranford, NJ 07016

Phone: (908) 838-0150

By Appointment Only

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