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Terms of Conditional Discharge
Anonymous2 views7 answers
I recently was charged with having 2 needles and a empty "wax bag". I had my arrignment and asked for a conditional discharge which they granted the same day. I thought I just needed to stay out of trouble for one year and it would be dismissed. On the one piece of paper I received it was checked off Supervised Treatment. Will I get something the terms in detail of this "surpervised treatment"? I just dont want to find myself not complying with the terms when I dont know what the terms are. #1 (Question)Can I fail a drug test if I was never told that I had to be clean? #2 (Question) If I did get drug tested and failed for an opiop but have a legal prescription will it still be a failed test? Thank You in advance for anyone that can help me with my questions
You are subject to conditions imposed by the probation department during the 1 year period. You can be randomly tested and will most likely be subjected to a drug/alcohol evaluation. If you have not heard from probation, call and document the date you call as well as the name of the person you speak with.
Jeffrey Anthony SkiendziulCriminal Defense AttorneyEatontown, NJ ·
Yes, you can still fail a drug test even if the judge who admitted you into the conditional discharge program didn't specify of the record the exact terms and conditions. As to failing a drug test by testing positive for taking a prescription, that you would need to discuss with the probation department to be certain.
YOu must stay clean. You must be drug tested, report to probation, go to counseling/treatment as directed and stay arrest free. This should have been explained to you, but that is a classic example of why not consulting a lawyer on a criminal charge is always a bad idea.
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
You will be drug tested and cannot give a dirty urine or you can be taken out of the program and prosecuted under the original charge. This was explained at the sentencing.
See the other answers. Not all counties are the same, but it has been my experience that Monmouth County Probation will call you in and drug test you. (Did you think "stay out of trouble for one year" meant you could still use drugs?)
You are being supervised for a year. During that time, you must remain offense free. Utilizing CDS (heroin) constitutes an offense. Therefore, you would be in violation of your CD. Having said that, a valid prescription would be an explanation for why opiates are in your system. I recommend consulting with an attorney and seeking drug treatment.
