Legal Question in Criminal Law in New Jersey

Re: want to know the meaning of this charge

It makes it a disorderly persons offense to fail to immediately to a law enforcement officer a controlled dangerous substance in one's possession. If you are a FIRST offender you can apply for first offender treatment.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: want to know the meaning of this charge

2C:35-10(c) states:

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.

It is a catchall provision intended to allow a prosecutor to offer a plea bargain for a disorderly persons offense, which is far less serious than a criminal offense. One convicted of a D.P. can aver that they have not been convicted of a crime, and it may be expunged 5 years after conviction rather than the 10 years required for a crime.

Re: want to know the meaning of this charge

Keep in mind, you may lose your license if convicted. I suggest you get a good attorney.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.