Loitering for the Purposes of Obtaining a CDS Attorney in Ocean County
Loitering For the Purpose of Obtaining CDS N.J.S.A. 2C:33-2.1
Loitering Charges Seaside Heights NJ
Local law enforcement may be triggered by suspicious behavior in certain areas. However, their inability to detect and uncover actual narcotics does not prevent them from filing charges under loitering for the purpose of using, possessing or selling controlled dangerous substance. N.J.S.A. 2C:33-2.1 is the governing statute for loitering charges here in Ocean County, New Jersey. Loitering is a disorderly persons offense that carries up to a 6 months in the Ocean County Jail and a $1,000.00 fine. The conduct that would constitute “loitering” under N.J.S.A. 2C:33-2.1 is subject to interpretation. Therefore, if you believe you have been wrongfully targeted or profiled by police, contact our Point P
leasant office at 848-238-2100. Allow us to assess the merits of your case and litigate the matter at trial, if needed.
What is Loitering in New Jersey?
N.J.S.A. 2C:33-2.1 states the following:
- A person, whether on foot or in a motor vehicle, commits a disorderly persons offense if (1) he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog.
- Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following:
- Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
- Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place;
- Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place.
- Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following:
Additionally, pursuant to State v. Kazanes, the “wandering” element of statute prohibiting disorderly persons offense of wandering with purpose of unlawfully obtaining or distributing controlled dangerous substance, as well as other verbs in statute, to “remain,” to “prowl,” require more than the mere going from point A to point B, engaging in drug transaction, and leaving; statute requires some sense of hanging about or lingering in attempt to make drug connection.
Penalties for Loitering to Obtain or Distribute CDS in Brick, NJ
If you are tried and found guilty or if you plead guilty before the municipal judge to the offense of loitering under N.J.S.A. 2C:33-2.1, you may be subject to the following:
- Up to 6 months in jail
- $1,000 fine
- Disorderly persons offense on your record
- Community service
- Probation
Depending on your prior criminal record, or lack thereof, you may be eligible for a diversionary program. However, use of diversionary program is not advisable to every client and should only be considered after consulting with an attorney. If you or a family member have been arrested and charged with loitering in Jackson, Brick, Toms River, Lakewood, Manchester, Barnegat, Harvey Cedars or Point Pleasant, contact the Ocean County criminal defense attorneys at 848-238-2100. Our firm’s office is located in Point Pleasant and we are available to assist you with your disorderly persons offense. Call today or contact us via email.