Unlawful Disposition of a Controlled Dangerous Substance
One of the more confusing drug offenses an individual may be charged with in NJ is failure to make lawful disposition of controlled dangerous substances (“CDS”). While the offense sounds relatively minor, it is actually a felony charge. It is undoubtedly in the best interest of those arrested for unlawful disposition to retain a knowledgeable defense lawyer to protect their interests. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, possess over 60 years of experience handling criminal cases and includes two former prosecutors. Lawyers are available to assist you immediately at 1-877-450-8301.
New Jersey Law: Failure to Make Lawful Disposition – N.J.S.A. 2C:35-10(c)
The law of NJ not only prohibits someone from being in possession of drugs or using drugs, but also establishes a criminal offense for failing to hand over drugs to police once the person is aware of the existence of the CDS. In this regard, N.J.S.A. 2C:35-10(c) provides:
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 state to prove a case of failure to make disposition, the prosecutor must establish that the suspect obtained or possessed the controlled dangerous substance in question in violation of NJ law. If this element is established, then the prosecution must prove that the defendant failed to voluntarily deliver the drugs to the nearest law enforcement officer. A person enjoys immunity from prosecution when he or she complies with this statute.
Our lawyers are ready to provide you with the guidance and assistance you are seeking if you have been charged with failing to properly dispose of drugs. Don’t make the mistake of attempting to negotiate these charges before speaking to an experienced criminal lawyer. Attorneys from this office are always happy to provide valuable information to those in need of representation. An attorney can be reached anytime 24/7 at 1-877-450-8301.