Under New Jersey motor vehicle law, possession of small amounts of drugs (Controlled Dangerous Substances or CDS) can have serious consequences. These include jail time, license suspension, and hefty fines. Fortunately, New Jersey offers a one-time program for the first offender called a Conditional Discharge. This is available if the court determines that
- Your continued presence in the community, or in a civil treatment center or program, will not pose a danger to the community; or
- That the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit you by serving to correct any dependence on or use of controlled substances which you may have; and
- You have not previously received supervisory treatment under a Conditional Discharge.
If you meet these requirements, a traffic court judge can suspend the proceedings against you and “place [you] under supervisory treatment upon such reasonable terms and conditions as it may require” (this often means random drug testing).
Once the period of supervision (often no more than 6 months) is completed without incident (you have not been convicted of any new offenses or violates any of the terms of the program, such as the random drug testing), the drug charge is dismissed. If you violate any of the terms, the matter is reopened and given a new trial date.
This is a great option to address a one-time mistake by a person who has otherwise been a law-abiding citizen. For more information, check out this article.
If you have been charged with drug possession in southern New Jersey, please feel free to call me at 856-432-4113 or contact me through this site to schedule a free consultation.
If you are looking for more information on New Jersey's drunk driving law, then download my free book, How Much Trouble Am I In? A Guide to New Jersey Drunk Driving Law.
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