First Degree Crime for Maintaining a CDS Production Facility in Union County
If you were arrested for maintaining a controlled dangerous substance (“CDS”) production facility, you need to find the best defense attorney you can find. This offense is one of the most serious criminal violations contained in the New Jersey Criminal Code carry decades of incarceration if you are found guilty. The charge is 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, The Law Offices of Jonathan F. Marshall and to give us a call for a free consultation. The attorneys on staff include former prosecutors and a team that has over a century of combined experience defending drug charges arising in Linden, Elizabeth, Plainfield, Cranford, Rahway and elsewhere in the county. Call our Union NJ Office anytime 24/7 at 908-272-1700 to speak to an attorney immediately.
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), cocaine, heroin 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 and cocaine. 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.
Elizabeth NJ CDS Production Facility Attorney
All first degree crimes are heard in the Criminal Division of the Superior Court 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 and leader of a narcotics trafficking network. If you would like to speak attorney who has handled countless cases at the Elizabeth Courthouse, call us at 908-272-1700. We handle those charged with a production facility offense throughout Union County including Union, Roselle, Hillside, Roselle Park and Clark. Initial consultations are free so there is no reason to hesitate in contacting us. A lawyer at the Law Offices of Jonathan F. Marshall is ready to assist you without obligation now.
