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Middlesex County

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Failure to Make a Lawful Disposition

Sayreville NJ Failure to Make Lawful Disposition Lawyer

Drug Charge Defense Attorneys in Middlesex County, New Jersey

A confusing and not commonly known drug offense in New Jersey that is accompanied by severe consequences is failure to make lawful disposition of controlled dangerous substances (“CDS”). While the offense sounds minor, it may actually be classified as a felony charge. Failure to make a lawful disposition of CDS occurs when an individual fails to hand over illicit drugs to the police once that person is aware of the existence of those drugs in his possession. If you or your loved one has been charged with failure to make a lawful disposition, then it is crucial that you understand that this offense is, at the very least, a disorderly persons offense. Depending upon the accompanying crimes and amount of CDS in question, the penalties may be more severe. If convicted of Failure to make a Lawful Disposition, you face steep monetary fines, incarceration, and mandatory community service.

At the Law Offices of Proetta & Oliver, 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 charges for this crime in Middlesex County including Helmetta, Old Bridge, Colonia, Avenel, Iselin, North Brunswick, Plainsboro, Perth Amboy, or South Amboy then feel free to contact us at (732) 659-9600. Our attorneys are available 24/7 for a free initial consultation to assist you with your drug charges.

Failure to Make Lawful Disposition N.J.S.A. 2C:35-10(c)

The law of New Jersey 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.

Contact a CDS Defense Lawyer in Metuchen NJ

At the Law Offices of Proetta & Oliver, our lawyers aggressively defend clients charged with failure to make lawful disposition of CDS and other drug charges in Middlesex County. With offices in Edison, we regularly represent clients in New Brunswick, Woodbridge, South Plainfield, Piscataway, and surrounding communities. To discuss your case and receive a free consultation, call (732) 659-9600 to speak with a knowledgeable drug defense lawyer.