Being under the influence of a controlled dangerous substance (CDS) for a purpose other than treatment of a sickness or injury as lawfully prescribed by a physician is a disorderly persons offense. The prosecutor must show only that the defendant manifested physical and physiological symptoms or reactions caused by the use of a CDS. The prosecutor does not have to prove that the defendant was under the influence of any particular drug. CDSs include heroin, cocaine, and LSD.
The defendant has the burden to prove that he or she was under the influence pursuant to the administration of the drug by a person duly authorized to do so. A New Jersey criminal defense attorney can help establish any potential defenses.
Punishment for Violating N.J.S.A 2C:35-10(b)
Conditional Discharge
Conditional discharge is a diversionary program available to first time drug offenders. A court may suspend further proceedings and place the defendant on supervisory treatment, sometimes ordering certain conditions to be met during supervisory treatment. Upon completion of supervisory treatment and any conditions, the charge is dismissed provided the defendant passes all administered drug tests and does not get arrested for one year.
To be eligible for the conditional discharge defendant cannot have any prior drug conviction and never have been previously placed in a conditional discharge or pretrial intervention program. In addition, the defendant may not pose a danger to the community and the court must rule that the defendant will benefit while the public will be protected by defendant’s admittance into the program.
The court must suspend the defendant’s driver’s license from 6 months to 2 years after admittance into the conditional discharge program. However, if the defendant can prove a “hardship” if he or she loses the driver’s license, the court has discretion not to suspend the defendant’s driving privilege.
Theft of Movable Property (N.J.S.A. 2C:20-3(a))
A person is guilty of theft if he unlawfully takes, or exercises unlawful contro
Theft by Deception (N.J.S.A. 2C:20-4)
A person is guilty of theft if he purposely obtains property of another by decep
Simple Assault (N.J.S.A. 2C:12-1A)
A person may be charged with simple assault if he or she does one of the followi
Shoplifting (N.J.S.A. 2C:20-11)
In the State of New Jersey, shoplifting is a criminal offense that can result in
Receiving Stolen Property (N.J.S.A. 2C:20-7)
A person is guilty of theft if he knowingly receives or brings into New Jersey m
Prescription Legend Drug Violations (N.J.S.A. 2C:35-10.5)
In New Jersey, it is illegal to possess or distribute prescription drugs and cer
Possession of Drug Paraphernalia (N.J.S.A. 2C:36-2)
Possession of drug paraphernalia is a common charge in New Jersey. Police often
Possession of Certain Prescription Drugs (N.J.S.A. 2C:35-24)
It is illegal to carry any controlled dangerous substance (CDS) in anything othe
Possessing False Documents and Fake I.D. (N.J.S.A. 2C:21-2.1(d))
Under New Jersey law, knowingly possessing a document or other writing which fal
Marijuana Possession (N.J.S.A. 2C:35-10(a)(4))
In New Jersey, marijuana possession is a disorderly persons offense. A prosecuto
Inhaling or Possessing Toxic Chemicals (N.J.S.A 2C:35-10.4)
A person commits a disorderly persons offense if the person: Inhales the fume
Discarding Hypodermic Needle or Syringe (N.J.S.A. 2C:36-6.1)
A person commits a petty disorderly persons offense if: The person discards, in
