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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26755
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was arrested in NJ for possession of paraphernalia (which

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I was arrested in NJ for possession of paraphernalia (which was dirty, so got a marijuana charge as well). I was put into conditional discharge and completed the year without incident. Now 8+ years later, I get a tattered, barely legible letter in the mail saying I violated my conditional discharge and need to appear in court. I think two things could have happened. The first, which I will find out when they are open on Monday, is that they made a mistake. However lets assume I did in fact violate the conditional discharge, but they only discovered it now. Could they really hold that against me and resume prosecution nearly a decade later over a minor marijuana arrest when I was 19 (2004)? I live in California now, completed college, work for a good company, etc... This seems a bit ridiculous. Any insight would be appreciated.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

It would only be possible if they filed the "violation" before you were discharged. If ti was filed later since you were discharged it wouldn't have any effect.

JD 1992 :

I tend to agree with you, it was probably a mistake.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Customer:

Im pretty sure it was a mistake, but its possible my final drug test turned up positive. But again, that was nearly a decade ago, and at the time, they didn't say anything. Then I got arrested for a similar charge about 2 years after that, and no mention was made of being still on conditional discharge

Customer:

So if its not a mistake, my guess is they lost the paperwork that said I failed the test, and finally found it....

JD 1992 :

It's like probation, they have to file a motion to revoke while you are on probation otherwise there is nothing to revoke.

Customer:

is it possible I was still on probation and they didn't realize or enforce it for 8 years?

Customer:

i assume they would have had to tell me it was extended while still actually on it

JD 1992 :

I don't see how. If they had extended it then you should have been served with a copy of the Motion to Extend.

Customer:

ok, pretty sure its a mistake then. can you think of any other complications, or should i just approach the call as if it was a clerical mistake I need to sort out?

JD 1992 :

Give them a call but if they don't cooperate then get a lawyer to handle it. Don't let them talk you into going there.

Customer:

lol, for sure. on a side note, is there any way i can spin this into something negative for them? I don't mind hiring a lawyer if it makes them look bad. I was never a fan of that towns criminal justice organization, they like to pick on the youth like crazy, and its a rich town with very little crime, so totally unnecessary

JD 1992 :

One of the local reporters might want to pick up on it as a dig at them. Wait until yuo get ot resolved first though.

Customer:

yeah, good point. ok, really appreciate the insight. thanks for your help!

JD 1992 :

You're very welcome. Best wishes to you.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.



However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.


 


Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26755
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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