Among the most serious drug crimes addressed under the New Jersey Criminal Code is “maintaining or operating a controlled dangerous substance production facility.” Although its lengthy name may seem complicated, this charge essentially applies when law enforcement believes that you own, operate, manage, or finance the operation of a location that is used to produce controlled dangerous substances. A production facility may be a basement where marijuana plants are cultivated or an apartment in which cocaine is processed and packaged for sale. Regardless of the specific circumstances that give rise to these charges, they are considered first degree crimes, the most serious of indictable felonies. As such, a conviction may result in a sentence to serve decades in New Jersey State Prison, with a minimum period during which you are ineligible for parole. In addition, these charges are punishable by hundreds of thousands of dollars in fines, with amounts that may permanently damage your financial future.
At The Law Offices of Jonathan F. Marshall, our combined 100 years of experience in legal practice allows us to provide unparalleled representation for our clients. Over decades, our attorneys have served on both sides of the New Jersey justice system, prosecuting and defending individuals in County and Municipal Courts statewide. When faced with a charge that has such catastrophic consequences, it is important to enlist a team of professionals with the expertise necessary to thoroughly protect you. Contact The Law Offices of Jonathan F. Marshall for a cost-free case evaluation from one of our seasoned defense lawyers.
Maintaining or Operating a Controlled Dangerous Substance Production Facility in New Jersey: N.J.S.A. 2C:35-4
Maintaining or Operating a Controlled Dangerous Substance Production Facility is a criminal offense outlined in section N.J.S.A. 2C:35-4 of the New Jersey Criminal Code, which provides:
Except as authorized by P.L.1970, c.226 (C.24:21-1), any person who knowingly maintains or operates any premises, place or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants, or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the First Degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. The court may also impose a fine not to exceed $750,000.00 or five times the street value of the controlled substances, controlled substance analogs, gamma hydroxybutyrate or flunitrazepam at any time manufactured or stored at such premises, place or facility, whichever is greater.
Hunterdon County NJ Maintaining or Operating a Controlled Dangerous Substance Production Facility Lawyers
As cited above, maintaining or operating a CDS production facility is a first degree crime, punishable by a sentence to serve between 10 and 20 years in New Jersey State Prison. A conviction for this offense also requires a minimum period of parole ineligibility, the length of which is between 1/3 and 1/2 of the sentence imposed. Additionally, the court may impose a maximum fine of $750,000 or 5 times the street value of the controlled dangerous substance associated with the alleged offense, whichever is greater. If you have been convicted of a drug distribution offense previously, you may also be exposed to an extended term at the request of the prosecutor assigned to the case.
Charges of this magnitude have the potential to damage your life forever. Fortunately, our former prosecutors and defense attorneys work to anticipate the State’s moves, attacking each component of their case in order to position you for the best possible result. To discuss your pending matter with one of our distinguished defense lawyers, contact our offices today.