Failure to Make Lawful Disposition of Drugs in NJ
If law enforcement has charged you with failure to make lawful disposition of drugs in New Jersey, you need experienced legal representation immediately. The charge, while classified as a disorderly persons offense, can result in jail time, substantial fines, and a mandatory driver’s license suspension.
At William Proetta Criminal Law, we understand the stress and uncertainty you face with charges of failure to make lawful disposition of drugs. We’re here to protect your rights and fight for the best possible outcome in your situation.
Contact us online or call us 24/7 at (201) 740-5804 for a free consultation about your case. The consultation is confidential and comes without further obligations on your part. We have offices conveniently located in Jersey City, Toms River and Edison.
Why You Need Our Law Firm If You Face Charges for Failure to Make Lawful Disposition in NJ
At William Proetta Criminal Law, we focus exclusively on criminal defense, bringing our experience of successfully handling thousands of cases to tackle the charges you are facing. Our attorneys have built strong working relationships throughout Union, Hudson, Ocean, and Middlesex counties, giving us insights into local court systems and procedures.
Many of our clients have never faced criminal charges before. They may be worried about their jobs, immigration status, and future opportunities. We understand these concerns and provide straightforward, honest assessments of your case and potential outcomes. When you work with us, you’ll collaborate directly with an experienced criminal defense attorney rather than a paralegal or junior staff member.
Unlike some large firms that take cases from anywhere, we concentrate our practice in specific New Jersey counties. Our local focus means we know the prosecutors, we understand how judges typically approach these cases, and we can anticipate potential challenges in your defense.
Our attorneys are available evenings and weekends to address your concerns, and we take pride in going above and beyond for every client we represent.
What Is the Failure to Make Lawful Disposition of Drugs in NJ?
Under New Jersey law, failure to make lawful disposition occurs when someone possesses illegal drugs and does not voluntarily turn them over to law enforcement. While it might seem counterintuitive, the law requires anyone who has controlled dangerous substances (CDS) in their possession to surrender them to the nearest police officer.
The charge often accompanies other drug-related offenses and requires experienced legal representation to defend against.
What Is Statute 2C:35-10c?
New Jersey Statute 2C:35-10c states that anyone who knowingly obtains or possesses a controlled dangerous substance and fails to voluntarily deliver it to the nearest law enforcement officer commits a disorderly persons offense.
The statute requires prosecutors to prove three key elements:
- Knowing possession – The person must be aware they have the controlled substance.
- Actual possession – The person must have physical control or access to the drugs.
- Failure to surrender – The person must have failed to voluntarily give the drugs to law enforcement.
The law applies to all controlled dangerous substances and their controlled substance analogs, including prescription medications that someone possesses without a valid prescription.
Common Scenarios Leading to a CDS Violation
People often face drug possession charges for failure to make a lawful disposition in several typical situations.
These include:
- Traffic stops – Police find drugs during a vehicle search involving other offenses, and the driver did not voluntarily surrender them beforehand.
- Home searches – Law enforcement discovers controlled substances while executing a search warrant.
- Public encounters – Officers find drugs while searching someone’s person or belongings.
It’s important to understand that simply allowing officers to search or admitting to possession does not qualify as a voluntary disposition under the law. Additionally, many people face these charges because they don’t understand their obligations under the statute or fear other consequences of coming forward.
The presence of certain factors can make these situations more serious:
- Multiple types of controlled substances
- Large quantities of drugs
- Proximity to schools or public parks
- Prior drug convictions
If any of these scenarios apply in your case, it is crucial to consult with our experienced defense attorney for New Jersey CDS violations as soon as possible.
Penalties for Violating 2C:35-10c in New Jersey
A conviction for the criminal offense of failure to make lawful disposition carries significant consequences, such as:
- Up to 6 months in county jail
- Fines of up to $1,000
- Mandatory driver’s license suspension for 6 to 24 months
- A criminal record that cannot be expunged for at least 5 years
These criminal penalties can have far-reaching disruptive consequences on your life. As such, it is crucial to work with our experienced defense attorney, who knows how to safeguard your rights and future.
Potential Defenses Against Failure to Make Lawful Dispositions Charges
Several defense strategies may apply to your case, such as these examples:
- Lack of knowledge – Evidence showing you didn’t know about the presence of drugs
- Constitutional violations – Challenges to illegal searches or seizures
- Constructive possession issues – Questions about actual control over the substances
- Voluntary surrender – Proof that you attempted to turn over the substances properly
When you consult with our team, we will assess your case thoroughly and determine the most effective path forward for your defense.
How William Proetta Criminal Law Can Help You Defend Against Failure to Make Lawful Dispositions Charges
Our criminal defense attorneys bring extensive experience defending against drug charges throughout New Jersey. We understand how complicated CDS cases can be and will work tirelessly to protect your rights.
When you work with William Proetta Criminal Law, we will take the following steps to pursue a successful defense:
- Thoroughly analyze all the evidence in your case
- Identify any constitutional violations and procedural errors
- Challenge the prosecution’s evidence
- Explore alternatives to traditional prosecution, such as Drug Court, when appropriate
- Fight to minimize the consequences to your life, career, and future
We understand that many people facing these charges have never been in trouble with the law before. Our lawful disposition attorneys will straightforwardly explain your options, answer your questions, and help you make informed decisions about your defense. We maintain strong working relationships with local prosecutors and judges, which often proves beneficial when negotiating for our clients.
Without the right defense team, a drug charge puts your future at risk. We are here to fight to protect you from the harshest consequences of a conviction. Call William Proetta Criminal Law today or fill out our online form or call us 24/7 at (201) 740-5804 to get started with a free consultation with an experienced CDS charge defense attorney in New Jersey.