Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.
2C-35-10(a)(1) is what New Jersey calls a "crime" of the third degree (crimes are the equivalent of a felont) for possession of a controlled substance.
2C-35-10(c) is a disordely persons offense, the equivalent of a misdemeanor, for failure to deliver a controlled substance to the nearest law enforcement office.
A third degree crime is much more serious, obviously, punishable by up to 5 years in prison and/or a possible heavy fine and restitution. A disorderly persons offense can result in up to 6 months maximum in jail, and or a fine of up to $1,000, as well as penalties of up to $600.
JUST ANSWER IS A "PAY FOR" SERVICE. As I do this for a living, not a hobby, please honor and respect the honor code and pay me as you would any other professional. DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
With no priors, and the reduction in the charge, you're a good candidate for a conditional discharge.
New Jersey State statute N.J.S.A. 2C: 36A-1 provides that a person not previously convicted of a drug offense and who has not previously been granted "supervisory treatment" under 24:21-27, 2C:43-12 or 2C: 36A-l may apply for a conditional discharge. The court upon notice to the prosecutor and subject to 2C: 36A-l(c) may on the motion of the defendant or the court, suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.).
The court further has the option to suspend a defendant's driver's license between six months and two years.
The conditional discharge period is also between six months and two years. If a defendant is convicted of a drug offense during this period or violates the conditions set by the court, the prosecution resumes.
Basically, the way this works is if granted a conditional discharge by the court (and it is discretionary, but I think the court would go for it here) you pay a bunch of fines and are placed into probation. If you successfully complete all the terms of probation, the charge is then dismissed.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).