Morristown NJ Being Under the Influence of Drugs in Public Lawyer
Drug Charges Defense Attorneys in Morris County, New Jersey
In the State of New Jersey, being under the influence of a controlled dangerous substance or its analog is a very serious crime. In fact, under NJ law, municipal and county prosecutors are forbidden from entering into plea agreements with defendants charged with this disorderly persons offense. If you have been charged with being under the influence of drugs in public, the Morris County drug defense lawyers at the Tormey Law Firm are prepared to attack the State’s case and put you in a position to achieve the best possible result. Our managing partner, Travis J. Tormey, has handled thousands of cases in Municipal and Superior Courts around the state. He and his talented team of attorneys have extensive experience representing clients charged with drug-related offenses, including possession of cocaine, possession of CDS in a motor vehicle, and heroin distribution in courts throughout Morris County and New Jersey. In fact, with offices in Morristown, we regularly appear on behalf of clients in Parsippany, Mount Olive, Randolph, Madison, Rockaway, and surrounding communities. If you or a loved one is facing drug charges in Morris County or elsewhere in New Jersey, contact the Tormey Law Firm at (908) 336-5008 for a free consultation, or use the online contact form to schedule an appointment at our Morristown office.
Being Under the Influence of Drugs in Public in New Jersey: N.J.S.A. 2C:35-10(b)
Being under the influence of drugs is a disorderly persons offense in New Jersey, governed by N.J.S.A. 2C:35-10(b), which provides, in pertinent part:
N.J.S.A. § 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
What Happens if You are Convicted of Being under the Influence of Drugs in New Jersey?
Disorderly Persons Offenses carry a maximum six (6) months in a county jail, up to a $1,000 fine, along with potential community service, probation, and a permanent criminal charge on your record. Under New Jersey law, if the penalties for the offense involve six (6) months or less of jail time, the offense is not considered a crime. However, these offenses are still classified under the “2C” criminal code under New Jersey law, and a Disorderly Persons conviction will still result in a charge on your criminal record.
Can I get a Conditional Discharge on this charge?
Yes. If you have no prior record, you are eligible for a first time offender program known as the conditional discharge program. The Judge will place you on probation for a period of six (6) months or one (1) year. You must remain arrest free during that time, pay your program fees, and pass any random drug tests that are conducted by the probation department. If you comply with the conditions, the charges will be dismissed at the end of the probationary period. You will have no criminal record and will not lose your driver’s license. Then, you can expunge the arrest six (6) months later to have the arrest expunged from your background as well.
Contact a Madison NJ Under the Influence of Drugs Attorney for a Free Consultation
You do not want a drug crime conviction on your criminal record. If you are convicted of being under the influence of a CDS in New Jersey, you are going to want to speak with an experienced criminal defense lawyer. If you or a loved one has been charged with a being under the influence of marijuana, prescription drugs, or another substance in New Jersey, contact the Tormey Law Firm at (908) 336-5008 for a free consultation with a Morris County drug charge defense lawyer today.