NJ Imitation Controlled Dangerous Substances Defense Lawyer
Drug Charges Defense Attorney With Offices in Passaic County and Morris County, New Jersey
Alissa D. Hascup represents clients who have been charged with a variety of criminal offenses – ranging from homicide and aggravated assault to drug offenses and receiving stolen property – throughout New Jersey, including in Paterson, Newark, Morristown, Hackensack, and Elizabeth.
Ms. Hascup has successfully defended thousands of cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former Assistant County Prosecutor, Special Deputy Attorney General, and Municipal Prosecutor, who handled a variety of serious drug-related cases during the course of her distinguished career. She knows what it takes for the State to prove a drug case beyond a reasonable doubt – and will use that knowledge to defend the charges filed against you.
Being charged with any drug crime, particular a crime related to imitation controlled dangerous substances, can have serious consequences. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable. Ms. Hascup is prepared to attack the State’s case and put you in a position to achieve the best possible result. Contact her office anytime to schedule an initial consultation, which is always provided free of charge.
Imitation Controlled Dangerous Substances in New Jersey: N.J.S.A. 2C:35-11
All crimes related to the Possession, Possession With Intent to Distribute, Manufacture, and Distribution of Imitation Controlled Dangerous Substances are addressed by N.J.S.A. 2C:35-11, which sets forth:
a. It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance or controlled substance analog:
(1) Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or
(2) Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog; or
(3) Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance or controlled substance analog.
Any of the following shall constitute prima facie evidence of such circumstances:
(a) The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances or controlled substance analogs.
(b) The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable value of the substance.
(c) The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance or controlled substance analog.
b. It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label or imprint of a controlled dangerous substance or controlled substance analog.
c. In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to be a controlled dangerous substance or controlled substance analog.
d. A violation of this section is a crime of the Third Degree. A crime of the Third Degree is punishable by a period of incarceration between 3 and 5 years in New Jersey State Prison. In addition to this penalty, a fine of up to $200,000.00 may be imposed.
Contact a NJ Imitation CDS Defense Attorney for a Free Consultation
If you are facing charges for Possessing, Possessing With the Intent to Distribute, Manufacturing, or Distribution of Imitation Controlled Dangerous Substances, there can be serious consequences associated with a conviction, including jail time and hefty fines. Don’t delay in hiring legal representation. Protect your freedom and your rights. Alissa D. Hascup is available anytime to discuss your case. Call her today, or use the online contact form to schedule a free consultation.