Maintaining a CDS Production Facility in Middlesex County NJ
Drug Charges Defense Attorneys in Edison, New Jersey
The criminal offense of operating or maintaining a drug (CDS) production facility in New Jersey is one of the most severe crimes in our state. In fact, the state legislature has made the use of a production facility a first degree crime – the same as rape or murder. This action was taken by state legislators in an attempt to target the ever-growing drug distribution market in the tri-state area; a market 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 tucked away in a shed or abandoned warehouse brewing up meth and ecstasy, this is often not the case. The most common type of production facility we see in New Jersey is for Cultivation of Marijuana. Our state’s warm growing season and rich soils are perfect for the outdoor cultivation of marijuana, making NJ a popular spot for large operations maintained by “professionals” and teenagers looking to experiment and smoke their own grow. However, growing marijuana indoors has become more popular as the harvest is year round and growers feel there is less chance of getting caught.
Regardless, every year our attorneys are contacted by clients who have been arrested for growing marijuana in New Jersey for any number of different reasons. Each year, state and local police as well as the New Jersey Marijuana Eradication Squad 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 Law Offices of Proetta & Oliver we represent clients throughout Middlesex County and New Jersey including New Brunswick, Piscataway, Plainsboro, Milltown, Highland Park, Monroe, and Sayreville. If you would like to speak with an experienced drug charges defense lawyer contact us today at (732) 659-9600 for a free initial consultation. Our phones are answered 24/7.
Maintaining or Operating a Drug Production Facility N.J.S.A. 2C:35-4
The New Jersey statute for operating or maintaining a CDS production facility, N.J.S.A. 2C:35-4, applies to the production of all drugs that are labeled Schedule I or II 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 statute it is a first degree indictable crime to operate a drug product facility in New Jersey. 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 then you will sentenced to an extended term of incarceration in addition to all other penalties. These penalties are serious and you need a serious criminal attorney to combat the state’s case against you and defend your interests.
Contact New Brunswick NJ Operating a CDS Facility Defense Attorneys
At the Law Offices of Proetta & Oliver we have defended our clients against thousands of criminal charges including maintaining a CDS production facility. From Edison to South Plainfield and Dunellen to Perth Amboy, we work tirelessly to protect our clients from the crushing penalties that they face. To learn more about your rights and potential representation, contact us today for a case strategy customized to meet your needs at (732) 659-9600 for a free consultation with an experienced Middlesex County drug charges defense lawyer.