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retica2001 · Dec 13, 2009, 06:21 PM

I'm on conditional discharge in nj for marijuana paraphanalia. I got arrested for possession of less than 50 grams with intent to distribute, plus paraphanalia again. There is a possible dispute of the search of the car, but for now I have to assume it was legit. My lawyer seems to think that I may get the "intent to distribute" part dropped because its just weed and it's a small amout (about 12 grams). Anyway, what do you think will be my penalty? I'm thinking probation at the very very least

jmjoseph · Dec 13, 2009, 06:29 PM

Someone I work with was charged with possession of as he says " a pinch" of weed. He was put on conditional discharge also. He paid a large fine. (somewhere around $1200), had to make monthly visits to his probation officer, and I think he went to drug counseling sessions.

The conditional discharge keeps the charge off your record if you stay out of trouble for a period.

If he gets caught again, he may lose his license. This is in Georgia however, I am not sure about the courts in New Jersey.

retica2001 · Dec 13, 2009, 06:47 PM

Not to be a or anything, but I was ALREADY on conditional discharge when this arrest occurred so your answer doesn't really apply..

jmjoseph · Dec 13, 2009, 06:51 PM

Originally Posted by retica2001

not to be a or anything, but i was ALREADY on conditional discharge when this arrest occurred so your answer doesn't really apply..

Ok, now I get it. This is charge #2. Sorry for the misunderstanding. I have no idea what you can expect. So I'll just sit back and listen.

Fr_Chuck · Dec 13, 2009, 06:56 PM

Yes the conditional discharge is gone, if the time finial hearing date has not discharged it yet ( the time you were given to stay clean ( no arrests or violations) So you may still have to return to court for count one, if this was committed before that dischrge.

If this was done, again before the final discharge of charge one, this will be charge two, Now the intent is the bigest issue, you could stll get probation even for it, but you would be looking at 5 years or so of probation, plus AA type classes, and drug tested every time you see probation officer.
But on the other hand, is 2010 not an election year for a lot of judges, who want to show they are getting tough on crime? Get a good lawyer

retica2001 · Dec 13, 2009, 07:01 PM

Five years?? Holy crap. Would it still be this high if I don't get indited on the selling charge?

Fr_Chuck · Dec 13, 2009, 07:10 PM

Well first most likely your conditional discharge will get withdrawn and you will end up with one or more years of probation from that.

And if they get you on intent to sell, you could actually go to prison for up to 5 years, 10 if it had been a larger amount. Next since they will most likely see this as a second drug charge, they will be much tougher on it. That could include boot camp, or even some jail time

I was suggesting the 5 years probation as one of the best things you could have happen if they intent to sell stays on there.

retica2001 · Dec 13, 2009, 07:29 PM

This makes me want to die

Fr_Chuck · Dec 13, 2009, 07:34 PM

Or perhaps makes you want to stop using drugs.

Now that is what could happen, but today prisons are full, if there was no violence or resisting arrest, most likely it is just probation. Not probation should not hurt anything as long as you don't get into any more trouble.

But first of course your attorney can look to see if the traffic stop will stick but if it does, look at a plea agreement

excon · Dec 14, 2009, 06:44 AM

Hello r:

The Padre is correct...

But, I must add, that ANY country that would put a person in jail for 5 years for having marijuana paraphernalia and then getting caught with TWO ounces of pot IS a CRIMINAL country.

I don't know WHY you think the search was legit, unless you gave the cop permission... Fight this charge. Don't let them victimize you.

excon

mary.v.82 · Jul 10, 2011, 06:13 AM

I don't know what it is like in n.j. but in upstate n.y there are many many girls in jail for violateing because they got caught with pills xanax or vicodin. Most are in there from 90 days to a year. It is absolutely rediculus!!

JudyKayTee · Jul 10, 2011, 04:11 PM

(A) This is from 2009 and no one much cares any more.

(B) Possession of controlled substances without a prescription IS a crime. What would you suggest happen to the people who are buying and selling prescription drugs on the street?

(C) Where in Upstate NY?

(D) Ridiculous?