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RobertJDFL, Lawyer
Category: Criminal Law
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whats a 2C-35:10A(1) reduced to 2C:35-10c ?

Resolved Question:

whats a 2C-35:10A(1) reduced to 2C:35-10c ?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 5 years ago.

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.



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Customer: replied 5 years ago.
muni referred this to county court and they have reduced the charge and sent it back to muni court- what can i expect - no priors- i had a small packet of pot and 1 vicodin pill for my back ?
Expert:  RobertJDFL replied 5 years ago.

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.

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