Failure to turn over CDS (which stands for controlled dangerous substance) is one of the common charges that police normally “tack on” with most drug busts ranging from possession of marijuana under 50 grams to possession with the intent to distribute heroin. This basically means you possessed the drugs and knew you possessed the drugs but failed to alert the police and turn over the drugs in a timely manner. If the whole thing sounds a little silly that’s because it is – New Jersey looks to box defendants in every way they can. However, the good news is that it is only a disorderly persons offense and because this statute arguably “overlaps” with possession of drugs, competent criminal attorneys can often get it dismissed. If you have been charged with failure to turn over drugs to a law enforcement officer or a related charge such as CDS in a motor vehicle or drug paraphernalia then it is important that you contact an experienced drug defense attorney today.
The New Jersey Law for Failure to Make Lawful Disposition – N.J.S.A. 2C:35-10(c)
We have provided an excerpt of the law, in pertinent part, for your reading convenience and educational purposes. If you have any questions about the law it is always best to consult with an experienced criminal attorney.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Failure to Turn Over Drugs in Kearny, New Jersey
When it comes to drug possession in New Jersey they are almost all indictable felony crimes with the exception of a small amount of marijuana. As an experienced drug defense attorneys, our law firm will look for any way to challenge the stop, search and seizure of any drugs. In most cases where there is arguably a suppression issue – meaning the proofs of evidence are called into question – we often try to use the failure to turn over CDS as a bargaining chip to downgrade or dismiss the other more serious charges so that our clients do not end up with a felony conviction or state prison. If you or your loved one has been charged under 2C:35-10(c) then contact our office today at (201) 793-8018 for a free consultation.