Failure to Make Lawful Disposition
A less well-known offense in New Jersey that involves illegal narcotics is the offense of failure to make lawful disposition of a controlled dangerous substance (“cds”). This charge makes it a crime for someone to fail to turn over drugs in their possession to the police. While it may seem odd to make it a criminal offense to fail to hand over drugs that are illegal to possess, the New Jersey Criminal Code makes failure to make lawful disposition of drugs a violation of law. If you were charged with a disorderly persons offense for failing to turn over cds to the police, you need a criminal defense attorney who is highly knowledgeable in the defense of drug charges. The attorneys at the Law Offices of Jonathan F. Marshall have the expertise you need. Several lawyers at our firm are former prosecutors who have handled hundreds of cds cases arising in Mercer County municipalities like Trenton, East Windsor, Hightstown, Lawrenceville and Pennington. A lawyer is available 24/7 to provide a comprehension consultation without charge by calling 609–683–8102.Failure to Make Lawful Disposition Offense in Mercer County
The offense of failure to make lawful disposition is defined at N.J.S.A. 2C:35-10(c), which states that:
Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog 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.
Elements of the Offense. To break the above down at bit, the statute makes it a crime if the following elements are proven: (1) a person obtains or possesses an illegal drug; (2) his/her conduct is knowing; and (3) they fail to voluntarily give the drug to the nearest police officer.
Penalties for the Offense. Failure to make lawful disposition of cds/drugs is a disorderly persons offense that results in penalties that include up to 6 months in jail and a fine of up to $1,000. And individual convicted of this charge is also subject to a driver’s license suspension of 6-24months.
Immunity from Prosecution for Possession. When an individual surrenders cds in compliance with 2C:35-10c, neither the drugs turned over nor evidence developed as a result of the disposition may be used to prosecute an individual for possession.Princeton NJ Failure to Make Lawful Disposition Lawyer
An offense under 2C:35-10c is often coupled with more serious criminal charges and potential penalties. Depending upon the circumstances of your case, accepting responsibility for failure to make lawful disposition – thereby accepting the punishment for a disorderly persons offense – may avoid the chance of you having to plead guilty to charges with more severe penalties. If you were charged with failing to turn over drugs to the police, a lawyer at the Marshall Firm is equipped to successfully defend you. We are former prosecutors and skilled attorneys that have been defending individuals arrested in Hamilton, Ewing, Hopewell Township, West Windsor, Robbinsville and elsewhere in Mercer County. You can find skilled lawyers with decades of experience handling drug offenses at our firm. Contact our Princeton Office or another one of our locations for an immediate consultation.