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My daughter was charged with NJS 2C:35-10.5E(2) in Passaic County. Do I need a lawyer for Pre-Indictment intake conference?

Totowa, NJ |

My 19 year old daughter was charged with this crime and has to appear at this intake conference 0n the 2/25. To my knowledge this is her first offence and am considering her legal options at this point.

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Attorney answers 7


Subsection E2 is possession of 5 or more units of a prescription legend drug. It is a 4th degree offense, the lowest level crime in the criminal code. The maximum exposure is 18 months State prison or up to 5 years probation plus a bunch of fines and assessments. That is just to scare you though. On a first offense she is not looking at any jail and likely no more than 2 years probation at the worst. The case could also be remanded to municipal court on a lesser included charge and the matter heard there. The penalties would be just a fine then. The issue is her record. On a first offense she likely would be eligible for Pretrial Intervention (PTI) which is diversionary probation program offered by the prosecutor. Or in municipal court a Conditional Discharge (CD) If she completes the program and all conditions (usual duration one year) she would not have a conviction and could petition for expungement of her record 6 month thereafter. But first the case must be evaluated for defense outright or that possible downgrade to Municipal Court. An experienced criminal defense attorney call greatly help achieve all of these possible dispositions. Call with more information.


Any charge of this type is a serious matter and for your daughter's well being and future I would seriously consider contacting a local attorney right away, especially considering how soon the initial hearing is.


The intake is usually to fill out general information such as name, address and telephone number. Many of my clients prefer I go with them, so they retain me prior to the date. If your son doesn't have an attorney yet, however, the may go alone. Just be sure he doesn't answer anything about the case.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


Pre-Indictment intake conference (PIC) for fourth degree possession of prescription legend drugs (that is her charge) means the prosecutor wants to work this out before presenting it to a Grand Jury. For that, you would need an attorney.


Mr. Cheser gave you a thorough and accurate answer. The charges are serious, there are several options, and you need a lawyer.


Your daughter needs a lawyer even if this is a first offense. The fact that she is going to Passaic County should indicate the seriousness of the charge. While she is required to appear on 2/25/13, that date is looming and will be here before you know it. She needs to meet with an attorney in person to discuss this legal matter further. The facts, circumstances and criminal history (or lack thereof) will play a large part in determining the final disposition of the case. Moreover, this case should not be discussed further until she is speaking with an attorney in person in the confidential surrounding of their conference room.

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Mr Cheser stated it thorougly as far as the possibilities. In any event you should hire an attorney asap to get the best result.

This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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