Legal Question in Criminal Law in New Jersey
Conditional Discharge Violation
I was arrested for possession of under 50g. marijuana. I recently failed a drug test, testing positive for cocaine. This is obviously a violation of my probation, I understand my CD will be thrown out. The question I have is will I get charged for cocaine?
2 Answers from Attorneys
Re: Conditional Discharge Violation
The punishment for positive urine test is usually that the first offender treatment is cancelled and the defendant is returned to be prosecuted on the charge on which he was given first amendment treatment.
Sometimes a second chance on first offender treatment is possible.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Conditional Discharge Violation
Your question is a little confusing. However, I think what you are saying is that you had a coke charge and then it got downgraded and you got a CD. You have now violated the CD and want to know if it can be upgraded back. Of course it can, but will it? I doubt it, but it has happened. Either way, you really should consult with an attorney ASAP since you are now looking at a criminal record in addition to a DL suspension.
My intial consultations are always free, so call me at 732/247/3340 to discuss your case.
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