Drug Crimes in New Jersey are governed by the Control Dangerous Substances Act under N.J.S.A. 2C:35 and 2C:36. In any case involving a drug offense, there is a provision requiring the forfeiture or postponement of driving privileges whether or not the drug use or possession took place in an automobile. N.J.S.A. 2C:35-16. There are some limited exceptions to the forfeiture requirement which can be explored through consulting with an experienced criminal defense attorney.
In addition, drug crimes carry mandatory terms of imprisonment in some cases. In other cases, the client may be eligible to make an application to pretrial intervention or a conditional discharge depending upon the nature and circumstances of the case and the client’s past history. Again, it is important to consult with an attorney early on in the process to determine whether any of the diversionary programs are available. Both the conditional discharge program and the pretrial intervention program allow for a dismissal of charges if the client successfully fulfills all terms and conditions of the respective programs. To find out if you are eligible for a potential diversion in a drug case it is important that you contact an attorney immediately upon being charged with any drug offense in New Jersey.