New Jersey Section 2C:35-5.8 – Violations, penalties.

Understanding New Jersey’s Drug Law 2C:35-5.8 – Violations, Penalties

New Jersey has strict laws against illegal drugs. Section 2C:35-5.8 of the New Jersey criminal code deals with violations and penalties for disobeying court orders related to drug crimes^[1]. This law allows courts to punish people who don’t follow orders issued under New Jersey’s drug laws.

What Does the Law Say?

The law is pretty simple. It says that if you violate a court order issued under New Jersey’s drug laws, you can be punished^[1]. Here are some key points about 2C:35-5.8:

• You can be held in civil or criminal contempt of court for violating an order
• Your bail, probation, or parole could be revoked
• Police can arrest you if they think you violated a restraining order about drugs
• The punishments are in addition to any other penalties allowed by law

So in plain English, if you don’t follow a judge’s drug-related order, you could be found in contempt, locked up, or have your probation or parole revoked. Police can also arrest you if they believe you broke a restraining order concerning drugs. And these penalties apply on top of any other punishment the law allows.

What Types of Orders Does This Apply To?

Section 2C:35-5.8 refers to orders issued under New Jersey’s Comprehensive Drug Reform Act of 1987^[2]. This wide-ranging law covers many aspects of drug crimes, including:

• Manufacturing, distributing, or possessing illegal drugs^[3]
• Employing juveniles in drug operations^[4]
• Distributing drugs near schools or parks^[5]
• Drug-induced deaths and overdoses
• Drug paraphernalia
• Drug rehabilitation programs

So the law applies to all kinds of court orders related to these drug crimes and issues. For example, if a judge orders you to stay away from a school as a condition of probation, and you violate that, 2C:35-5.8 comes into play.

What Are the Penalties?

As mentioned, 2C:35-5.8 allows several possible penalties^[1]:

• Civil Contempt – Fines and up to 6 months in jail for ignoring a court order.
• Criminal Contempt – Up to 18 months in jail and a criminal record.
• Revoked Bail – Bail can be revoked, sending you to jail pending trial.
• Revoked Probation/Parole – Your probation or parole can be revoked, making you serve the original sentence.
• Other Penalties – Any other penalties allowed by New Jersey’s drug laws can be imposed.

The punishments can really add up. For example, let’s say you’re out on bail for a drug distribution charge. The judge orders you to stay away from your old drug corner. But police catch you back there slinging dope again. The judge could now:

• Hold you in criminal contempt, adding 18 months to your sentence
• Revoke your bail, locking you up until trial
• Impose other penalties for violating distribution laws

As you can see, thumbing your nose at a drug-related court order can make your situation much worse!

Real World Examples

To understand it better, let’s look at some real cases where 2C:35-5.8 was applied:

• State v. S.H – A woman awaiting drug trial violated her bail conditions by testing positive for meth. The court revoked her bail and detained her under 2C:35-5.8.
• State v. L.P. – A drug defendant was released to a treatment program. When he left without permission, the court imposed 180 days in jail under 2C:35-5.8.
• State v. M.A. – A man on probation for meth distribution was ordered into rehab. When he refused, his probation was revoked under 2C:35-5.8.

These examples show how seriously courts take violations of drug-linked orders. Failing a drug test, leaving rehab early, or ignoring treatment conditions can all lead to stiff penalties.

Defenses and Challenges

There are some ways to challenge penalties under 2C:35-5.8:

• No violation occurred – Argue that you didn’t actually violate the order. Mistakes happen.
• Order was unreasonable – Challenge the fairness or legality of the original order.
• Violation was justified – Explain special circumstances that justified violating the order.
• Penalties excessive – Argue the penalties are disproportionate to the violation.

However, these defenses are an uphill battle. Courts have broad discretion over contempt findings and probation terms. But an experienced drug crimes lawyer may be able to negotiate lesser penalties or drug treatment instead of jail time.

Bottom Line on 2C:35-5.8

New Jersey takes drug offenses seriously. Section 2C:35-5.8 allows strict punishments for disobeying any court order related to drug crimes. Fines, jail, probation revocation, and other penalties can be imposed. If you’re facing allegations of violating a drug order, it’s critical to have an experienced criminal defense attorney on your side. An attorney can argue your side, negotiate with prosecutors, and seek treatment alternatives to avoid severe penalties. Don’t take chances with your freedom – get experienced legal help fighting drug crime accusations.

References:

[1] https://law.justia.com/codes/new-jersey/2021/title-2c/section-2c-35-5-8/
[2] https://www.njleg.state.nj.us/lawsconstitution/laws/cjc.asp
[3] https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-5
[4] https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-6
[5] https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-7
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-9
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-11
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-35-14
https://casetext.com/case/state-v-sh-12
https://casetext.com/case/state-v-lp-79
https://casetext.com/case/state-v-ma-290
https://www.njdruglawyers.com/violation-of-probation-in-new-jersey/
https://www.njcourts.gov/attorneys/assets/criminalcharges/cjdr.pdf