New Jersey Drug Court
New Jersey Drug Court
New Jersey Drug court provides an alternative to prison. If the police charge you with a non-violent crime and you are suffering from drug and/or alcohol addiction, drug court could be your best option.
We have helped many clients benefit from the New Jersey drug court program. When we plea bargain on your behalf, this is a very important option. If you are fortunate enough to get sentenced to drug court, you must work hard. It is a very demanding program with zero tolerance for nonsense.
However, the benefits are priceless.
New Jersey Drug court Eligibility
The first step involves completing the New Jersey drug court application.
After you do this, the court needs to find the following:
a. the person has undergone a professional diagnostic
assessment to determine whether, and to what extent, the person is drug or alcohol dependent and would benefit from treatment. Drug or alcohol dependency must be determined by a substance abuse evaluator employed by the court after conducting a diagnostic assessment using the Addiction Severity Index (ASI}; and
b. the person is a drug or alcohol dependent person within the meaning of N.J.S.A. 2C:35-2 and was drug or alcohol dependent at the time of the commission of the present offense; and
c. the present offense was committed while the person was under the influence of a controlled dangerous substance, controlled substance analog or alcohol or was committed to acquire property or monies in order to support the person’s drug or alcohol dependency; and
d. substance abuse treatment and monitoring will serve to benefit the person by addressing his drug or alcohol dependency and will thereby reduce the likelihood that the person will thereafter commit another offense; and
e. the person did not possess a firearm at the time of the present offense and did not possess a firearm at the time of any pending criminal charge; and
f. . the person has not been previously convicted on two or more separate occasions of crimes of the first, second or third degree, other than crimes defined in N.J.S.A. 2C:35-10; and
g. the person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, robbery, kidnaping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any other state or the United States; and
h. a suitable treatment facility licensed and approved by the Department of Health and Senior Services is able and has agreed to provide appropriate treatment services in accordance with the requirements of this section; and
i. no danger to the community will result from the person being placed on special probation pursuant to this section.
New Jersey drug court judges are open to hearing arguments that your criminal lawyers make on any of these findings. Our job is to present your case in the best light possible to show that you can & will take advantage of this rehabilitation opportunity. Take advantage of our free consultations to discuss your options.
New Jersey Drug court Ineligibility
A person is not eligible for sentencing pursuant to N.J.S.A. 2C:35-14 if the person is convicted of or adjudicated delinquent for:
a. a crime of the first-degree;
b. a crime of violence as defined in subsection d. of N.J.S.A. 2C:43-7.2;
A crime of violence is defined as a conviction for a first or second-degree crime, or an attempt or conspiracy to commit any of these crimes, under the following statutes:
- Aggravated Manslaughter or Manslaughter
- Vehicular Homicide
- Aggravated Assault
- Disarming a Law Enforcement Officer
- Aggravated Sexual Assault
- Aggravated Arson
- Booby Traps in Manufacturing or Distribution Facilities
- Strict Liability for Drug-Induced Deaths
c. a crime, other than that defined in N.J.S.A. 2C:35-7, for which a mandatory minimum period of incarceration is prescribed under chapter 35 of Title 2C or any other law; or
6 The criteria making persons ineligible are contained in N.J.S.A.2C:35-14(b).
d. an offense that involved the distribution or the conspiracy or attempt to distribute a controlled dangerous substance or controlled substance analog to a juvenile near or on school property.
New Jersey Drug Court -Conditions
You will be placed on “special probation” for five years.
You will be committed to a residential treatment facility. If there are no spaces available, you will be incarcerated until there is an opening in a treatment facility.
It is important to understand that you cannot apply for an “early discharge” of probation. You must complete the five-year term.
You will be subject to “intense supervision” and subject to mandatory drug testing. After all, isn’t the whole point of drug court to recover from your addiction?
You will benefit from vocational schooling and any medical/psychological treatment services.
If you would like more information, we’ve included the New Jersey Drug Court Manual of Operation.
The Role of A New Jersey Drug Court Judge
Your New Jersey drug court judge is there to help you, not punish you. These judges participate in special training which helps them understand your addiction challenges. They are compassionate & patient and want nothing more than to see you succeed.
The judge leads the drug court team in the following ways:
- Assumes a leadership position, effectively lead the team and assume ultimate authority and responsibility for team decisions;
- Acquires a general knowledge of addiction, alcoholism, and pharmacology and apply that knowledge to respond to compliance issues in a therapeutically appropriate manner;
- Develops an understanding of 12 Step self-help programs and become familiar with the treatment modalities utilized by participants;
- Is willing to develop a rapport with the participants, address their issues and reward their successes while maintaining the authority of a SuperiorCourtjudge;and
- Leads the team to educate other members of the criminal justice system and the community on program goals and standards.
New Jersey Drug Courts are successful treatment programs that not only save the State of NJ millions of dollars in “incarceration costs”, but they help people recover from their addictions.
For more information, you may call the NJ Drug Court Director at 609-292-7087 or visit the New Jersey Drug Court website.
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
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Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
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