Penalties for drug offenses can be very steep in New Jersey, especially as it relates to the suspension of driving privileges. Drivers can loose their right to operate a motor vehicle for 6 months to 2 and one-half years, if they are found guilty or plead guilty, even to minor drug offenses.
Minor drug offenses include possession of marijuana of under 50 grams and sometimes possession of illegal prescription drugs, cocaine and heroin. While possession of illegal prescription drugs, cocaine and heroin is an Indictable offense, county prosecutors may remand or send these charges to municipal court.
The severe penalties and a conviction of such offenses can, however, be avoided for first-time drug offenders. The Conditional Discharge program allows first-time minor drug offenders to place their charge on "hold" and to enter into a probationary program.
Typically, the offender must report to probation a few times for a period of one year, remain drug free and avoid any new criminal charges. Any "hot" urine tests, failure to report to probation or new charges most likely will re-open the original charge for prosecution with full penalties and loss of driving privileges.
Upon successful completion of the Conditional Discharge program, the court then dismisses the drug charge. Six months after the dismissal, the participant is then eligible for expungement of the drug arrest.
