Camden County Maintaining a CDS Production Facility Charge
N.J.S.A. 2C:35-4 makes it a first degree crime to maintain or operate a controlled dangerous substance (“CDS”) production facility. An individual who violates this law is not only subject to a twenty (20) year prison sentence with significant parole ineligibility but also a fine that can reach $750,000. The Camden County Prosecutor’s Office takes first degree drug offenses like this extremely serious and you need to do the same if you are facing allegations of operating a CDS production facility. If you fail to do so, you can easily find yourself in state prison for close to two decades. Call our former prosecutors for skilled representation defending a 2C:35-4 charge. We are one of the largest criminal defense firms in the entire state and have over 100 years of experience between the members of our team. Call our Cherry Hill NJ Office now at 856-662-8300 for assistance. The consultation is free of charge.
Maintaining or Operating a CDS Facility in Camden County NJ
This offense is one that needs to be thoroughly defended or you will be exposed to some of the most extreme penalties set forth in the New Jersey Criminal Code. This involves dissecting each and every element that the prosecutors is obligated to prove in order to convict you including:
- Prohibited Facility. N.J.S.A. 2C:35-4 outlines what constitutes a “production facility”. In this regard, an illegal CDS production facility is one used to manufacture methamphetamine, heroin, PCP, GHB, flunitrazepam, greater than five pounds or ten plants of marijuana or any other drug set forth in Schedule I or II of the Controlled Dangerous Substance Act.
- Maintaining, Operating, Aiding or Promoting the Facility. The accused must engage in one of these prohibited acts with respect to the facility in order for N.J.S.A. 2C:35-4 to be triggered. To establish maintenance, the prosecutor must prove that the premises was used on more than two occasions as a drug/CDS manufacturing facility. A person can also be implicated under 2C:35-4 if the aid, promote, finance, or otherwise participate in the maintenance or operation of the facility. This includes anyone who is employed at the production facility knowing that the facility is unlawfully manufacturing controlled dangerous substances of some kind. It also includes the person who accepts or receives money or other property pursuant to an agreement or understanding in which he participates or will participate in the income from that production facility which is being unlawfully operated.
A person found guilty of this crime must be sentenced to a term of imprisonment of between 10 and 20 years, which shall include a mandatory minimum term that must be served of between one-third and one-half of the sentence during which the defendant is ineligible for parole. Additionally, the court may impose a fine not to exceed $750,000 or five times the street value of whatever controlled dangerous substance was produced at the facility, whichever of the two dollar amounts is greater.
Cherry Hill NJ Drug Production Facility Lawyers
It goes without saying that facing the possibility of up to 20 years in prison and as much as $750,000 in fines is a scary proposition and one you do not want to face alone. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal charges in Camden County, including charges for maintaining a CDS production facility. So please, if you or someone you love has been charged with this rather serious offense, do not hesitate to contact our Cherry Hill office today for a free consultation with an experienced attorney.