What is the difference between 2C:35 10A (1) and 2C:35 10 C in the state of new jersey?

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I was charged with the first then it was sent back to municipal court and downgraded to the second. I also received a ticket for 39:4-49.1

Attorney Answers

3
Todd Palumbo ·
The offense your are charged with now is called failure to turn over CDS to the police. It is a disorderly persons offense. This statute reads as follows: "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." This offense is a disorderly persons offense and has a maximum penalty of up to 6 months in jail and a 6 month loss of license. Also the possession in a motor vehicle offense carries with it a 2 year loss of DL if you are convicted. Although the offense was downgraded, you still face some very serious penalties and should contact a lawyer to obtain information,
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James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
If the matter has been downgraded to a disorderly persons offense, that is a good thing. You will face less jail time, although it s still a serious matter. You may be eligible for a conditional discharge and there may be defenses. The drivers suspension may also be worked around through a hardship application. You should most definitely consult with an attorney. Feel free to contact our office for a free consultation.
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Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
Originally you were charge with 3rd degree possession of CDS. Because it likely was a small amount it was downgraded to failure to make proper disposition of CDS, a disorderly persons offense. This carries a $1000 max. fine and 180 days jail 1-5 years probation and DEDR penalties of $500 with $125 other assessments and court costs and 6 months to 2 years license loss. Tthe 4-49.1 has a 2 year license loss mandatory. You likely face only the fines and license loss unless you have multiple priors. If it is a first offense an experienced criminal defense attorney can get you a CD ending without a conviction and can be expunged in 1 1/2 years and no license loss. A lesser charge is remotely possible in Freehold. Call for a telephone comnsutation.
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