Possession of Certain Prescription Drugs (N.J.S.A. 2C:35-24) – New Jersey Defense Attorney

Prescription Drugs  attorneyIt is illegal to carry any controlled dangerous substance (CDS) in anything other than the original container. The only exception to this rule is if you have no more than a 10-day supply and upon request of a police officer you present the name and address of the licensed practitioner who prescribed the substance or the pharmacist that provided it. You should always carry prescription drugs in the original container that you received from the pharmacy or doctor’s office.

A violation of this statute is a disorderly persons offense which results in a permanent criminal charge on your record, up to a $1,000.00 fine, and up to six months in the county jail. This is a serious crime. Contact a New Jersey criminal defense attorney as soon as possible to protect your rights.

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. The criminal charges against the defendant may be dismissed after a year of being placed on probation provided that defendant passes all administered drug tests and does not get arrested during the one-year period.

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.

If the defendant is not eligible for conditional discharge and the charge cannot be dismissed, a New Jersey criminal defense attorney should try to negotiate a reduced charge of loitering for the purpose of obtaining drugs. This charge does not require the loss of driving privileges.


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Dan represented me on a traffic violation in NJ, very professional and was easy to work with. Office staff was very attentive. Would highly recommend him...
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21:26 19 May 20
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00:16 30 Jan 20
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08:03 11 Oct 19
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22:11 16 Jul 19
Best Lawyer ever very professional flights to the very end To make sure his client is happy with the decision of a case
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01:44 28 Jun 19
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10:54 20 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my license and caused me thousands in fine and surcharges.It was dismissed with zero owed to the courts after proving DMV administrative discrepancies.Thank you so much for all your helpRenee
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14:07 11 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my...
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18:29 07 Nov 18
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23:13 16 Sep 18
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22:51 08 May 18
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16:00 30 Aug 17
Few months back, my husband had injured in a car accident. It seemed to be a small injury, but in fact it was brain injury and the truck who hit our car, ran away. We were so confused that how to survive and get compensation for brain injury. At that time, from my friend's reference, I got to know about Beninato & Matrafajlo Law, The firm handled our case very carefully and passionately, took the right steps for us and helped us in getting compensation.Thanks to Beninato & Matrafajlo Law!
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05:42 26 Jul 17
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20:05 23 Jul 17
I was referred to Dan Mantrafajlo by a dear friend of my that I respect greatly. This friend said that Dan was the type of lawyer that made the hard work she was putting into law school worth it...I found this to be very true. Professional, hard working, informed and willing to go above and beyond. This is a real review from a real client.
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08:12 20 Jul 17
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01:07 22 Dec 16
Mr. Matrafajlo has represented me in a civil case where I was struck and injured by another vehicle.His professionalism and hard work truly made my experience seamless. There will be unpredictable measures that life throws at you, it always helps to have someone you trust by your side.I highly recommend Mr. Matrafajlo or anyone in this law firm to represent them if need be.-Zack
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12:37 31 Oct 16
Dan Matrafajlo excellent lawyer. He solved my two previous cases. Individual approach, prompt actions, purposefully moving toward the success. Thank you Dan, yes you are the best of the best.
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16:31 30 Jul 15
Dan is an excellent attorney. Unlike most attorneys Dan actually cares about your case. He went the extra mile and did countless hours of research to help me win my case.I'd give him 10 stars if I was able to.
rob C.
14:44 31 Mar 15
I starting using Dan after a VERY bad experience with a previous attorney who took advantage of our family. Dan is a great lawyer and very competent. While he specializes in personal injury, he and his office staff proved themselves on multiple occasions to be more then competent in other areas of the law. He's quick to respond and always makes us feel like our case is his top priority. I have since referred him to multiple people and their experience has been a positive one as well. His rates are reasonable and he has no desire to drag things out, file extension after extension etc. and rack up my bill as our previous attorney did. We highly recommend Dan Matrafajilo Esq., as does everyone I know who have used his services before.
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01:52 22 Aug 14
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