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What are the chances that my arrest and criminal record will be dropped?

Asked in Maplewood, NJ - 11 months

I was arrested last night for possession of CDS: 50 grams or less (I had between 10 and 15 grams of marijuana). This is my first ever arrest/offense.

Attorney Answers (5)

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Clifton Criminal Defense Attorney

Licensed in NJ

Answered 11 months ago. This is a disorderly persons offense. The maximum penalty is up to 6 months in jail and up to $1,000.00 fine. If you haven't done so alreay, you need to speak to an attorney regarding your situation to see what can be done. If you are convicted of a disorderly persons offense you have to wait a minimum of 5 years before you can expunge it, or have it removed from your record.

Depending on the local ordinances and surrounding circumstances of the arrest, you may be able to plea it down to a less severe charge which would reduce the penalty and how long you have to wait before it is expunged.

If you can't afford an attonrey you may be able to qualify for a public defender. Whatever you do make sure you DO NOT plea guilty without first speaking to an attorney first. Hope things work out for you hand hope this was helpful.
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Randolph H Wolf

Randolph H Wolf

Red Bank Criminal Defense Attorney

Licensed in NJ

Answered 11 months ago. I agree with the other attorney. Rather than merely plead guilty to a simple possession charge, which many individuals unfortunately do because they do not speak with an attorney, a defendant charged with simple possession is often eligible for a conditional discharge. This is a diversion which allows a defendant, who has never been in trouble before, to avoid this criminal charge on their permanent record. Essentially, the individual is given a one year probationary period where, if the individual stays out of trouble and is not arrested during the one year probationary period, the drug possession charge goes away forever.
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Mark M Cheser

Mark M Cheser

Union Criminal Defense Attorney

Licensed in NJ

Answered 11 months ago. The chances of it being dropped is nil. You may be able to defend the charge or suppress the evidence. Otherwise a downgrade is possible but unlikely since the prosecutor is not allowed to plea bargain an CDS charge. You are eligible for a conditional discharge. You can expunge the CD in 1 1/2 years, the DP in 5 years and ordinance in 2 years. Call with more information and I will try to give a more detailed answer.
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Eric M. Mark

Eric M. Mark

Newark Criminal Defense Attorney

Licensed in NJ

Answered 11 months ago. It will not simply be dropped. Depending on the facts of your arrest (how did the police encounter you? How did they find the CDS? Did they do anything unlawful?) a lawyer may be able to file a motion to suppress the evidence (the marijuana) that could result in dismissal. If not, as a first offender you are entitled to the Conditional Discharge program, which is a one year probation that results in dismissal of the charges. Speak with a lawyer before making any decisions. The impact of a conviction is more than just the fine you pay right now. It leaves you with a criminal history, unable to receive federal educational loans and other issues.
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Ronald Edward Aronds

Ronald Edward Aronds

Cranford Social Security Lawyers

Licensed in NJ

Answered 11 months ago. The chance of it just being dropped are slim unless you hire a lawyer to file a Motion To Suppress the evidence and get the charge thrown out that way. However, if you are willing to go into a probationary program for a period of 12 to 24 months, and you successfully complete the probation, then the charge against you will be dropped at the time you successfully complete probation. This is called a Conditional Discharge.
Law Office of Ronald Aronds, LLC
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