Mount Laurel Conditional Discharge Attorneys
The conditional discharge program allows an individual to have a drug related disorderly persons offense dismissed under certain circumstances. When this happens, a defendant avoids prosecution on a marijuana possession or drug paraphernalia charge by successfully completing a program of municipal court probation. There are, however, strict eligibility requirements that must be met in order for a municipal court judge in Delran, Maple Shade, Palmyra, Tabernacle or another Burlington County town to grant a conditional discharge. Anyone interested in obtaining a conditional discharge is best served in retaining an experienced criminal attorney so that the greatest opportunity of gaining admission into the program. Nicholas Moschella and the other former municipal court prosecutors are highly knowledgeable in what is necessary to successfully dismiss a drug possession offense through conditional charge and are prepared to accomplish this objective for you. Call our Mt. Laurel Criminal Firm anytime 24/7 at 856-234-8900 for a free initial consultation.
Conditional Discharge For Drug Offenders in Burlington Municipal Court
The decision as to whether to grant an application for a conditional discharge rests entirely in the discretion of the Burlington municipal court judge presiding over the drug charge. In addition, there are five (5) eligibility requirements that must be met for the application to be valid including: (1) the defendant not having any prior drug conviction; (2) not having been granted a conditional discharge previously; (3) not having participated in Pretrial Intervention previously; (4) the defendant’s continued presence in the community not posing a danger to the public; and (4) continued presence cannot pose a danger to the community; and (5) the terms and conditions of probation/supervision will adequately protect the public and benefit the accused. If you meet all five of these requirements, the judge in either the city or township of Burlington may grant you a conditional discharge.
What Cinnaminson Municipal Court Offenses May Be Conditionally Discharged?
There are basically five offenses that may be resolved by way of conditional discharge in Cinnaminson Municipal Court or any other in Burlington County. The first and most common charge under the program is possession of 50 grams or less of marijuana. Possession or use of drug paraphernalia under N.J.S.A. 2C:36-2 makes up the second biggest block of charges that are conditionally discharged. Being under the influence of CDS, failure to surrender CDS, and possession of a hypodermic syringe/needle are the other three eligible offenses.
Will The Eastampton Drug Charge Remain On My Record?
If you successfully complete the requirements of your supervision (e.g. remaining arrest and drug free), the offense will be dismissed. A collateral consequence of this dismissal and expungment of the related arrest is that the defendant is ineligible for having anything else removed from his/her record in the future. The defendant may never have another indictable crime or disorderly persons offense expunged in the future.
Can The Judge In Bass River Suspend My License?
Typically, the Bass River Municipal Court Judge will not suspend your license if you are admitted into the conditional discharge program. This judgment is, however, purely discretionary as the law grants no relief from the mandatory suspension for drug offenses. It should also be noted that conditional discharge applies solely to criminal offenses and not traffic violations like possession of CDS in a motor vehicle.
What Happens If I Violate The Terms Of My Bordentown Township Conditional Discharge?
If you entered a plea as a condition of your admission into the program, the violation will result in entry of a judgment of conviction for the related CDS related charge. If no plea was taken prior to entry into conditional discharge, the criminal case will be resurrected.
Riverside Conditional Discharge Lawyer
Since weed possession is the most prevalent drug offense found in the municipal courts in Burlington County, conditional discharge is something that our lawyers deal with almost every day. We are well acquainted with the parameters of the program and what is necessary to making an application successful. Indeed, we have been obtaining conditional discharge for our clients in the municipal courts in Evesham, Florence, Mansfield, Moorestown, and Pemberton, to name a few, for decades already. We are confident that we can succeed on your behalf as well. So call our firm at 856-234-8900 to speak to one of our attorneys and learn what can be accomplished for you.
