NJ N.J.S.A. 2C:43-3. FINES FOR DRUG & CONTROLLED DANGEROUS SUBSTANCE (“CDS”) OFFENSES
Fines and Penalties for Drug and CDS Offenses in New Jersey: A Comprehensive Guide
At Todd Spodek Law Firm, we understand the overwhelming feelings that come with being convicted of drug possession or CDS distribution. As such, being fully aware of the penalties and fines for these charges is crucial to making informed decisions.
The statute governing fines under conviction for both Indictable and Disorderly Persons Drug Offenses in NJ is N.J.S.A. 2C:43-3. This statute provides detailed information concerning the fines applicable to various degrees of drug offenses, which will be discussed below.
Fines for Different Degrees of Drug Offences in New Jersey
Drug offenses in New Jersey are categorized into four different degrees (first to fourth degree) or graded as “Disorderly Persons” offenses. The fine range depends on the level of severity:
First Degree: A maximum fine not exceeding $200,000.00
Second Degree: A fine not exceeding $150,000.00
Third-degree crime: A fine up to $15,000.00
Fourth-degree crime: Fine up to $10,000.00.
Disorderly persons offenses under drug or CDS convictions can have a maximum fine up to $1,000.00; however, petty disorderly persons offenses may result in a maximum penalty of $500. In case a second or subsequent conviction takes place for any tax offense defined under Title 54A of New Jersey Statutes or against Chapter 20-21 of this code, among others; then the fines can go up by double the amounts authorized in subsections a-d mentioned above.
Victims who suffer personal psychological injury, death, or incurred losses because of a criminal offense will be subject to restitution costs paid by defendants over time if requested by victims through their lawyers during court proceedings.
Under subsection e related to “fines and Restitution,” courts can impose a cumulative total of double the offender’s financial gains or victim’s losses. If there isn’t enough information available to determine such monetary compensation, then a hearing may be held. According to the statute, “gain,” and “Loss” refer to money or property acquired by offenders or separated from victims.
In cases involving violations of Chapter 35, fines may equal three times the street value of the controlled dangerous substance. The street value will depend on subsection II of N.J.S 2C:44-2 as determined by authorities investigating the crimes.
Victims’ Restitution Claims
Apart from the above penalties for drug offenses in New Jersey, a section of another code or statute may specify higher amounts than specified in Subsection a, b, c, and d under Subsection f. Moreover, in any criminal case involving non-payment of state taxes that are overdue, which leads to failure to file state tax returns within two months after due date; restitution paid will include civil penalties and interest as provided by law including any restitution ordered for divisions or units related to state management roles regarding crimes committed against them (N.J.S.A. 2C:43-3).
At Todd Spodek Law Firm, we understand how challenging it is facing drug charges or being found guilty of drug offenses since it can be overwhelming and confusing deciding upon appropriate steps to take legally while dealing with such charges.Courts have legal charges set up in accordance with different degrees according to severity level when it comes down with sentencing offenders for various crimes related not only just drug-offenses but also CDS-Distribution cases which are categorized disorderly persons’ offenses. As mentioned earlier under Victim claims titled section above what specific actions offenders must take when processing claims regarding an actual victim occurred from defendants made without fail – this is important.
|First Degree||Maximum fine not exceeding $200,000.00|
|Second Degree||Fine not exceeding $150,000.00|
|Third Degree Crime||Fine up to $15,000.00|
|Fourth-degree crime:||Fine up to $10,000.00.|
Fines under Conviction for Disorderly Persons Offenses for Drug and CDS in NJ
Defendants that are convicted of “Disorderly Persons offenses related to drug or CDS in New Jersey may result in a maximum penalty of $1,000 – but if it is a case of petty disorderly persons offense charges incurred where just a minor violation occurred, defendants may face fines up to $500 only and the court may set a higher fine amount equal to double the offender’s pecuniary gain if necessary.
Under Subsection e, courts are empowered to impose more than just restitution costs; they can also impose cumulative fines equivalent to double the pecuniary gains or victim losses incurred due these crimes.
Victims will likewise be subject to restitution over time by defendants through their lawyers during court proceedings. Civil penalties and interest as stated by the law are included when calculating restitution as required by victims claims.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS