New Jersey Maintaining or Operating a Controlled Dangerous Substance Facility Law

We represent clients charged with N.J.S.A. 2C:35-4; New Jersey Maintaining or Operating a Controlled Dangerous Substance Facility indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.

These offenses are first degree crimes.

There are two criminal offenses relating to maintaining or operating a controlled dangerous substance production facility.

The first offense is directed at the person who maintains or operates the place which may include an automobile or even a boat.

To establish maintenance there must be proof of continuity in use of the place on more than one occasion.

The second offense is directed at the person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operation.

As part of sentence a minimum term of 1/3 to 1/2 must be imposed during which term the defendant is ineligible for parole.

For the first offense the state must prove four elements.

First, substance involved is illegal.

Second, place was used for manufacture of the illegal substance.

Third, defendant maintained or operated the premises.

Fourth, defendant acted knowingly.

For the second offense, the elements are the same except instead of proving that the defendant maintained or operated the premises, it must be proved that the defendant aided, promoted, financed or otherwise participated in the maintenance or operation of the premises.

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