Legal Question in Criminal Law in New Jersey

illegal conditional discharge...

I am a 21 yr. old male and during the year 2002 I was given one year probation and fines and ordered Rehab. and given a Conditional discharge if all requirements were met. The offenses were at the municipality level for paraphenelia and taking my parents car and charge card and using them without permission. In March of 2003 I was arrested, CDS related within 500 ft. of projects and school zone. I went to trial and not knowing the Law, the Judge ordered me the same punishment as in year 2002. I believe the prosecutor didn't do his homework to know about my previous charges and the Public Defender helped me get a conditional discharge if I enroll into a Recovery program, pay my fines and abide by my probation. I have been recently advised that this will come back to haunt me if I don't seek counsel and get my Court Order straightened out. I have been clean since March 2003 and I just completed my 90 day Recovery program and I am feeling good about myself and I don't want to go to Jail. Can I get feedback at what I am facing once an attorney defending me will contact the Prosecutors. Your response is appreciated. Thank you.


Asked on 7/12/03, 5:42 pm

1 Answer from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: illegal conditional discharge...

An illegal sentence may be corrected at any time. So if someone notices, the sentence can be changed, because you can't have two conditional discharges. But I don't see that you have an affirmative obligation to report it yourself. So I do not think you can be punished for not telling anyone. If your attorney or the proesecutor didn't notice, you should not be expected to either.

Read more
Answered on 7/13/03, 10:56 pm


Related Questions & Answers

More Criminal Law questions and answers in New Jersey