Attorney for Failure to Turn Over Charge

Defending Against Failure to Deliver CDS Charges in New Jersey

Failure to deliver, (N.J.S.A. 2C:35-10c), a controlled dangerous substance (CDS) to law enforcement is a serious offense in New Jersey. If convicted of this charge in New Jersey, it could result in significant penalties, including jail time, fines, drug and alcohol counseling, and a permanent criminal record.

At Lackey & Miller, LLC, our New Jersey criminal defense our New Jersey criminal defense attorneys have over 20 years of combined experience as former prosecutors and defense attorneys. We defend clients facing charges under N.J.S.A. 2C:35-10c across Camden, Burlington, Gloucester, Atlantic, Cumberland, and Salem Counties, and across New Jersey, using our deep knowledge of local courts, prosecutors, and law enforcement practices to protect your rights and future.

What is Failure to Deliver CDS?

Under N.J.S.A. 2C:35-10c, it is illegal to fail to deliver a controlled dangerous substance to law enforcement after being required to do so. This often arises during arrests, searches, or seizures when an individual possesses illegal drugs and does not surrender them to authorizes.

The law applies to all illegally obtained CDS, including:

• Cocaine, heroin, methamphetamine, and certain prescription drugs classified as controlled dangerous substances.
• Situations where police have lawfully requested the substance to be handed over.
• Individuals who knowingly retain, conceal, or dispose of the substance in an unsafe manner instead of delivering it.

Penalties for Failure to Deliver CDS

A charge under N.J.S.A. 2C:35-10c is considered disorderly persons offense, with penalties ranging to up to 6 months in jail, probation, fines, community service, and a permanent criminal record, which can affect employment, housing, and professional licensing.

Providing Strong Defense in CDS Cases Across New Jersey

Failure to deliver CDS charges are common in Camden, Burlington, Gloucester, Atlantic, Cumberland Counties, and across New Jersey. They are often connected to:

• Traffic stops where illegal substances are found.
• Search warrants executed in residential or commercial properties.
• Arrests related to other drug offenses where the individual fails to turn over the controlled substance.
• Situations involving multiple defendants or co-conspirators in drug investigations.

Our attorneys know how each county prosecutes these offenses and use that knowledge to build effective defense strategies.

Defenses Against Failure to Deliver CDS

Defending against a failure to deliver charge often involves examining intent, evidence, and police procedures:

• No Knowledge or Intent – You did not know the substance needed to be delivered, or you believed it was legal.
• Improper Police Procedure – Illegal search, seizure, or request for the substance may invalidate the charge.
• Mistaken Identify – You were not the person responsible for possession.
• Quantity or Type of Substance – Challenging whether the substance qualifies as a controlled dangerous substance under the statute.
• Negotiation or Diversionary Programs – Conditional dismissal or Pre-Trial Intervention (PTI) may be available for first-time offenders.

Why Choose Lackey & Miller, LLC for CDS Defense?

• Former Prosecutors – We understand how the State builds drug-related cases and can identify weaknesses.
• South Jersey Focus – We defend clients across Camden, Burlington, Gloucester, Atlantic, and Cumberland Counties.
• Trial-Ready Representation – While many cases can be resolved without trial, we are fully prepared to defend you in court.
• Personalized Defense – Every case is unique, and we tailor our strategy to protect your rights, record, and future.

Call Our Office to Speak with an Experienced New Jersey Criminal Defense Attorney

If you are facing a failure to deliver CDS charge in New Jersey, immediate legal assistance is essential. Our team at Lackey & Miller, LLC will review your case, explain your options, and fight to achieve the best possible outcome.

Call today for a free consultation and let our experienced and local knowledge work for you.