NJ Failure to Make Lawful Disposition of Drugs

NJ Failure to Make Lawful Disposition of Drugs

Getting pulled over and arrested can be scary enough, but in New Jersey you could face charges for something you may not expect – failing to turn over illegal drugs to police. This charge falls under NJ statute 2C:35-10(c) Failure to Make Lawful Disposition of a Controlled Dangerous Substance.

Many are surprised to learn this is a crime in New Jersey. But it’s intended to prevent people from destroying or hiding drugs during a traffic stop. Still, the laws surrounding this charge are complex. If you’re facing charges for failure to make lawful disposition of drugs in NJ, here’s what you need to know:

What is Failure to Make Lawful Disposition of Drugs in NJ?

This charge means you failed to turn over illegal drugs when required by law. There are two main situations where you must hand over drugs to police in NJ:

• During a traffic stop – If officers ask if you have drugs, you must inform them and turn over the drugs if requested.
• When reporting a drug crime – If you report someone else’s drug crime, you must surrender your own drugs as well.

Failure to do so under these circumstances is a crime under 2C:35-10(c). Even if police don’t find the drugs, failing to turn them over when required is enough for charges.

Penalties for Failure to Make Lawful Disposition of Drugs in NJ

Like most drug crimes, penalties depend on the amount and type of drug involved. Specific penalties include:

• 3rd degree crime – For less than 5 grams of marijuana or hashish. Up to 5 years in prison and $35,000 in fines.
• 3rd degree crime – For less than 500 mg of methamphetamine. Up to 5 years in prison and $35,000 in fines.
• 2nd degree crime – For 5-25 grams of marijuana or hashish. Up to 10 years in prison and $150,000 in fines.
• 2nd degree crime – For 500 mg to 5 grams of methamphetamine. Up to 10 years in prison and $150,000 in fines.
• 1st degree crime – For 25 grams or more of marijuana or hashish. Up to 20 years in prison and $300,000 in fines.
• 1st degree crime – For 5 grams or more of methamphetamine. Up to 20 years in prison and $300,000 in fines.

Penalties are even more severe for other drugs like cocaine, heroin, ecstasy and prescription opioids. The amount of drug involved plays a major role in potential sentences.

Defenses for Failure to Make Lawful Disposition Charges

Despite strict penalties, there are defenses that could get your charges reduced or dismissed. Some potential defenses include:

• You were not required to turn over the drugs – For example, if you were not driving or did not report another crime.
• The stop or search was unlawful – If police lacked reasonable suspicion for the stop or probable cause for the search.
• The drugs were not in your possession – If the drugs were not actually on your person or in your control.
• You did not knowingly possess the drugs – If you did not know the drugs were present.

An experienced criminal defense attorney can evaluate the details of your case and advise you on the best defense strategy.

Finding an Attorney for Failure to Make Lawful Disposition Charges

Never attempt to handle these complex charges on your own. The penalties are too high, and the laws too complicated. An experienced drug crimes attorney can protect your rights in several key ways:

• Evaluate any police misconduct regarding the stop, search or questioning
• Negotiate with prosecutors for reduced charges or diversion programs
• Develop an effective defense strategy for your case
• Represent you in court proceedings for the best possible outcome

Don’t leave your fate to chance. The right lawyer can make all the difference. If you or a loved one are facing failure to make lawful disposition charges in NJ, contact a qualified attorney today.

Sources:

• https://www.newjerseycriminallawattorney.com/drug-crimes/failure-to-make-lawful-disposition-of-drugs/
• https://criminallawyerinnj.com/failure-to-make-lawful-disposition-of-cds-in-nj/
• https://www.mercercountycriminallawyer.com/failure-to-make-lawful-disposition.html
• https://www.criminalcivillawyer.com/failure-to-turn-over-drugs-and-failure-to-make-a-lawful-disposition-to-a-police-officer-from-a-motor-vehicle-stop/
• https://www.newarknjcriminallaw.com/failure-to-make-lawful-disposition-of-drugs-charge-njsa-2c35-10c/