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Middlesex County Criminal Defense Lawyer

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Maintaining or Operating a CDS Production Facility

New Brunswick CDS Production Facility Defense Lawyers

The highest grade of offense under New Jersey law is a first degree crime and Maintaining or Operating a CDS Production Facility falls within this category. It naturally follows that a conviction for this charge carries significant penalties, including the potential for a long prison term. If you have been charged with growing marijuana, producing methamphetamine, or running some other facility to produce controlled dangerous substances (“CDS”) under N.J.S.A. 2C:35-4, you definitely need to hire an attorney and preferably one who is highly experienced. Take a look at the credentials of the lawyers at our firm, Marshall Bonus Proetta & Oliver, as we genuinely believe they are quite formidable. And if you would like to speak to one of our lawyers with twenty (20) plus years of experience, maybe even a former supervisor in the Middlesex County Prosecutor’s Office, give our New Brunswick office a call at 732-246-7126. We have the knowledge and skill to effectively defend a cultivating/growing marijuana or CDS production facilities charge arising anywhere in the county including Monroe, Sayreville, Old Bridge, New Brunswick or Woodbridge. An attorney is ready to assist you immediately in a free initial consultation. 

Maintaining or Operating a CDS Production Facility in Middlesex County

In accordance with N.J.S.A. 2C:35-4, there are essentially two different crimes that are established. The first crime involves the offense of maintaining or operating the facility itself. The crime concerns those who finance the enterprise. In order to understand exactly how this law works, however, it is help to have the benefit of the language contained in the statute. In this regard, N.J.S.A. 2C:35-4 provides that:

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. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $750,000.00 or five times the street value of all controlled dangerous substances, controlled substance analogs, gamma hydroxybutyrate or flunitrazepam at any time manufactured or stored at such premises, place or facility, whichever is greater

Drugs Falling Under This Law. In order for N.J.S.A. 2C:35-4 to apply, the facility must be used for the manufacturing of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance classified as a narcotic drug in Schedule I or II, or the analog of those substances.

What Qualifies As A Production Facility? In order for the state to establish that the location is a facility used for this illegal enterprise, there must be evidence of continuity in the use of a place on more than one occasion for the purposes of manufacturing a controlled dangerous substance.

Who May Be Prosecuted? This law allows for prosecution of not only the owner of the facility, but also any tenant or person with authoritative control of the premises. As previously stated, financiers of any operation fall within the law as well.

Penalties for Financing, Maintaining or Operating a CDS Production Facility. The prison term for this first degree crime is 10-20 years, with a period of parole ineligibility of at least one-third and as high as one-half, of the sentenced imposed. The court may also impose a fine of up to $750,000 or five times the street value of the CDS involved, whichever is greater.  In addition, an extended term (e.g. double the sentence) applies if the defendant has been previously convicted of any offense under N.J.S.A. 2C: 35-5 or 35-10, namely any prior conviction for manufacturing, dispensing, distributing, or possession with intent to distribute a controlled dangerous substance.

Middlesex County CDS Production Facility Attorney

A conviction pursuant to N.J.S.A. 2C:35-4 obviously triggers the potential for grave consequences including daunting fines and incarceration.  If you or a loved one has been charged with this offense, you definitely need to search for the best attorney you can find. The lawyers at Marshall Bonus Proetta & Oliver have significant qualifications to successfully defend your CDS production facility offense. To speak to a lawyer on our team immediately, call our Woodbridge Office at 732-634-0700.