Union County NJ Criminal Lawyers

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Maintaining a CDS Production Facility

First Degree Production Facility Defense Attorneys

If you were arrested for maintaining a controlled dangerous substance (“CDS”) production facility, you need to find the best defense attorney you can find. The reason for this statement stems from the fact that the violation to which you are accused is a first degree crime, the most serious provided for under New Jersey Law. This is about as bad as it gets when it comes to penalties so you absolutely need the most effective lawyers available to you. We invite you to take a close look at the credentials of our firm and to give us a call. Initial consultations are always without charge and you should know, before calling, that we have collectively been in the criminal business (both as defense lawyers and prosecutors) for over 100 years. Our attorneys are ready to assist you and can be reached at 908-272-1700 24/7.

Maintaining or Operating a CDS Production Facility Law. The statute that establishes this offense is N.J.S.A. 2C35-4. It makes it unlawful to not only maintain or operate a facility falling under the law but also someone who “aids, promotes, finances, or otherwise participates in the maintenance or operations”. The law also provides for enhanced penalties beyond what would otherwise apply to a first degree crime.

Proving This Offense. In order to convict someone of maintaining or operating a CDS production facility, the prosecution must establish that:  (1) an individual knowingly, (2)(a) maintained or operated or (b) aided, promoted, financed or otherwise participated in the maintenance or operation of, (3) a premises, place, or facility, (4) to manufacture, (5) substances such as methamphetamine, LSD, GHB, marijuana (five pounds or ten plants), or any of the schedule I or II substances, or analogs. A person manufactures a substance when they act to produce, prepare, compound, convert, or process a CDS or its analog, and packages, labels, repackages, or re-labels the substance.

What Drugs Fall Under This Law. The forms of CDS that trigger 2C:35-4 include methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, and flunitrazepam, or any other Schedule I or II drugs, including heroin. Marijuana may also result in a production facility offense but only where more than five (5) pounds or ten (10) plants are involved. No quantity threshold is established for drugs other than marijuana under 2C:35-4.

Penalties. The term of imprisonment for maintaining a CDS production facility is 10-20 years, the standard prison range for a first degree crime. The fine for this offense is, however, significantly enhanced and can be as high as $750,000 or five (5) times the street value of the drugs at the facility, whichever is higher.

Parole Ineligibility. Some criminal offenses are deemed so serious under NJ Law that a mandatory minimum term of imprisonment must be imposed. This charge is such a violation and requires that the sentencing judge impose a period ranging from one-third to one-half of the sentence imposed, during which the accused cannot be considered for parole.

Experienced Drug Distribution & Production Facility Lawyers to Fight Your Charges in Elizabeth NJ

All first degree crimes are heard by a Superior Court Judge sitting in Elizabeth. This is where felony charges are handled and certainly all that occupy the highest grade provided by law. We are a firm that is highly experienced in defending first degree drug distribution, as well as maintaining a product facility charges. Call us at 908-272-1700 to assist with bail or to discuss our representing you on CDS charges. Initial consultations are free so there is no reason to hesitate in contacting us.

 

 


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