LowProfile420

First off, I want to give warm greeting to the members of this message board, as this is my first post. I've been lurking around this site for a week or two and would greatly appreciate any insight on my farily recent court decision.

Anyway, I hit the teenage trifecta early this summer. Basically, my friend and I were smoking in my car on his culdesac and one of his neighbors called the police. We finished the blunt and were on our way to D'n'D when six cops showed up. Well in the end the cops found our half a gram of pot as well as my friends grinder. I figured there was no need for both of us to take the fall for this so I assumed full resonsibilty and my friend was let off. I was taken into the station, introgated for 5 or 6 hrs, and was charged with being in possesion of under 50 g's of a controlled dangerous substance in a motor vehicle, possesion of paraphenalia and going 36mph in a 25. Miraculously, the cops missed the smell of the MJ in my car or I'm sure they would have thrown in a DUI to the mess. This all happened in an upper-middle class suburban neighborhood in New Jersey, I'm 19 and it was my first offense of any kind (not even a speeding ticket).

So I go to court and my lawyer gets all the charges conditionally merged onto the speeding ticket, so I don't have a criminal record. I also get probation with urine analysis for 12 months, a 30 day lisense suspension and a $1200 fine.

Well its been about 3 months since and I haven't heard a word from anyone regarding my probation. I want to know if this is a normal thing in NJ or something got messed up and my probation hasn't been started yet? If its the latter I'm gonna be pissed. Also, who can I call to see what the deal is?

Secondly, since I don't have a record does this still affect federal student loans. Also, if I go to apply for an internship this year will this show up when they check my background?

Lastly, I'm assuming if I get arrested again for possesion when I'm off probation it would be counted as a second offense, correct? What if it is in another state? If I get arrested again for something other than possesion in another state, is it still a violation of my probation? I only ask cause at college goin to a party occasionally results in arrests for underage consumption of "off-topic" beverages.

phuzz01

In my state, the defendant is required to report to the probation office within 24 hours of the sentence being handed down. So, you would be required to contact them, not the other way around. The best way to find out is to call your attorney and ask him.

If you do not end up with a criminal record, it probably will not affect your student loans. However, getting arrested for ANYTHING during your period of probation will result in violating your probation, and then you will end up with a criminal record (most likely including the original drug charges, which will come back). So don't be getting pinched for underage possession at a party.

MeatRo

Same thing here in California, you have to report to the probation department. They may have given you informal probation also, which means you won't actually have a probation officer, but you're still ON probation.

The charges can't be brought back if you've already been sentenced (since you're on probation, you have been). However one thing that can happen is your probation can be revoked, which would result in you sitting out the time of your sentence in jail. But also, this comes after several violations.

You really, really don't want to violate your probation. That's how you end up getting stuck in the system, which isn't where you want to be. If you get popped after you're off probation, it will be counted as having a prior (if it's the same crime), since you're on probation for SOMETHING, your record isn't clean. But since you got everything bunched up into a speeding ticket, it's much better. Especially for your loans.

A speeding ticket will not affect your federal loans at all. They do ask some questions about your background, but it's mainly to be sure you've never been convicted of a felony or drug sales. (there is a question about drugs, but it says to not even answer if it's just weed.)

Your background check will go fine, employers aren't worried about a speeding ticket, which is all that might come up. (of course, remember, I'm from Cal, so things may be a bit different)

phuzz01

That is not necessarily true. Depending on the terms of the plea agreement, the drug charges may have been continued without a finding (or placed on file without a finding...there are several different terms for it depending on the state) for a period of time conditional on good behavior. If he gets into trouble, the charges can be brought back.

MeatRo

I know, that's what I said. That's what happens when your probation is revoked. If you're on probation for something, the charges are done with and your jail time is waived (in exchange for probation). If you get into too much trouble after that, they revoke your probation and your probation is forfeited in exchange for the FULL sentence for the original crime.

"However one thing that can happen is your probation can be revoked, which would result in you sitting out the time of your sentence in jail. But also, this comes after several violations."

But if he's been SENTENCED for speeding or whatever, the worst that's gonna come back on him is the speeding. But every offense he gets from here out is just gonna get worse and worse.

LowProfile420

Thanks for the responses, I just figured that if I needed to call or check-in with a probation officer that I would have been told that when I was sentenced. I've talked to a couple people in similiar situations and was basically told that I would eventually be called and ordered to take a drug test. They also said this would only happen once or twice during the 12 month period. My guess is NJ just doesn't have the resources to be closely montioring everyone that gets busted for small amounts of marijuana. I'll definitely give my lawyer a call tomorrow to get some further clarification.

In my last set of questions, I was really just wondering if I were to move to a state that has decriminalized MJ in a couple of years and got busted again, would I be charged as it being a second offense under their laws? Having this kind of charge on my record would be effectively nullifing my college degree, as I doubt I could get the kind of job I was qualified for. This would be a shame, and will impact my desicion to smoke in the future. I love pot, but it just wouldn't be worth throwing all my hard work and money being invested now down the drain for it. I also don't really need to worry about violating my probation because I haven't been doing anything illegal, including smoking pot. I want to go out and party at school on occasion, but if getting busted for underage drinking in another state violates my probation, I won't do that either.

LowProfile420

Phuzz is right in saying that if I violate my probation in anyway (failing a drug test, getting arrested, etc.) all the orginal charges come back including any new charges.

MeatRo

They don't need to come back. They're still there. If you go out and get a ticket for jay-walking, you're going to jail for a probation violation (if it's anything like California, you get 30 days for each time you violate.)

And don't violate. If it's like Cal, they'll hit you with 30 day violation, plus put you on MORE probation for whatever the new charges are. Like me, if I violate, I don't just get a 30 day violation... I get a 90 day triple violation, plus I'll get my probation revoked and end up doing the hard time for my 3 original crimes, plus the new one.

Pretty much, once the courts DROP your charge, they can't bring it back. They can use it against you, of course.. To make you look like a piece of sh*t in front of the judge. But you can't be charged for something that's been dropped.

(again, I'm only experienced with California's probation laws.. And pretty experienced too, LoL)


[edit]

I wouldn't worry too much about your future either. A small amount of weed isn't going to shut you out of anything. Besides, it's a misdemeanor, most employers don't even bother with those. Here, usually they'll ask about any felonies, no misdemeanors, and they ask about drug charges, but not including weed.

But before you can move out of state anyways, I'll bet you have to be off probation. I had to get special permission just to leave the county I'm from.

phuzz01

MeatRo,

Okay, let me explain this again, because you are clearly not getting it. Instead of the drug charges being dropped, they could have been continued without a finding or placed on file without a finding. That means that those charges are still technically pending in court. If at the end of a specified period of time, the OP has not gotten into trouble, they would be officially dismissed at that time. However, if he were to violate the conditions of his probation, the State can file a motion to bring those drug charges back forward.

The OP has confirmed that what I have described is what they have done. So saying that "the worst that's gonna come back on him is the speeding" is not correct. If he violates the conditions of his probation, the State has the option of re-opening the drug charges.

Also, you are wrong that once a charge is dropped, it cannot be brought back. Jeapordy only attaches once the State has called its first witness to the stand in a trial. At any time prior to that, they can drop charges and RE-FILE them later. So, even if the drug charges were officially dropped by the State, all they would have to do is file a new complaint for them.

I know what I am talking about. I spend on average 3-4 days per week prosecuting criminal cases in court.

Sec

Phuzz is right. Most of the time, dropping a charge is what they do if they don't have enough evidence to convict you. Added with new charges at a later date, the circumstances of the first incident only help to bolster the case for any subsequent charges. The first incident can be brought out of mothballs and added to any new charges.

Another scenario for example, in my state, if the OP pled guilty to the speeding charge and bargained the remaining charges, he could have received 1 year incarceration with 365 days suspended. He would have spent 0 days in jail and had the remaining 365 held over him for the next year.

That means that he is subject to all the rules of probation and if he violates his probation or any other law withing that year, the unserved time of the original sentence of 365 days will be brought out of "suspension" and enforced.

The original charge and sentence didn't go away, it is just put on hold to see if the OP can mind his P's and Q's for a year.[

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