I had a 2C 35 10A charge and now it is being down graded to 2C 35 10C charge, can you tell me what the difference is please?

35-10a is possession of CDS, a third degree crime, punishable by 3 to 5 years in prison. 35-10c is failure to turnover CDS to police, a disorderly persons offense, punishable by up to 180 days in jail. Both are serious charges, but the c charge is less serious. Consult with a lawyer to discuss all your options for defenses, dismissals, probation, and the impact on your criminal record that will affect future employment and schooling.

Your matter is being sent back to municipal court so the penalties are less severe than what you were originally charged with. Now instead of possession it is failure to turn over to police. An attorney can possibly get the charges further reduced. It looks like your charges are in Monmouth County if so I can help you there if the charges are Ocean County I cannot because I am a prosecutor there. John Ducey 732-458-5600

You were originally charged with possession of a CDS (like cocaine) that was a crime. (in NJ we do not have felonies) The prosecutor likely decided that amount was to too small for the county to worry about so he sent it back to Municipal Court. That Court does not have jurisdiction over any CDS that would be a crime, (like cocaine) only CDS that can be disorderly persons offense (like Marijuana). The county prosecutor cannot change the CDS so they change the charge. 2C: 35-10c requires that you turn over any CDS to the nearest police officer. (don't laugh). It covers all CDS so the Municipal Court has jurisdiction because 10c is a disorderly persons offense. You are still charged with an offense and the criminal arrest is still on your CCH but the penalties are much lower and less serious. You may even be able to get a second down grade though that is unlikely. You are eligible for a diversionary program if this is a first offense and you can keep your driver's license if you can establish a hardship. You should retain an experienced criminal defense attorney or use the PD if you cannot afford private counsel. Call with more information if you like and I can give a more specific answer.