Loitering for CDS

The Law Offices of Leon Matchin, LLC has been representing those charged with criminal violations for more than ten years. As stated in New Jersey Statute N.J.S.A. 2C:33-2.1, it is a disorderly persons offense to loiter in a public place to obtain or distribute controlled dangerous substances (“CDS”). Loitering for CDS is further defined as:

• Wandering, remaining or prowling in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog and/or engaging in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog.
• Conduct that may be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, such as (1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place; (2) Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place; (3) Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place.

Disorderly Persons Offense Penalty

The penalties you may face with a disorderly persons conviction include:

• Fine: Up to $1,000.00
• Jail: Up to six (6) months in the county jail
• Probation
• A permanent criminal charge on your record (see Expungement)

Charged with Loitering

In order to be convicted of loitering for CDS the state must prove five elements: First, defendant was in a public place. Second, defendant either on foot or vehicle wandered, remained or prowled. Third, defendant had a purpose of obtaining or distributing a controlled dangerous substance. Fourth, obtaining or distributing was unlawful. Fifth, defendant engaged in conduct that manifested a purpose to obtain or distribute a controlled dangerous substance.

If you have been charged with loitering for CDS you need to contact The Law Offices of Leon Matchin, LLC immediately at (732) 298-6522 to protect your rights and freedom. A disorderly person’s conviction can have life altering consequences. Our firm will work to dismiss or downgrade the charges against you. Call today for a free consultation and let us help you defend your freedom.