Criminal charges related to drug possession are some of the most common crimes prosecuted in New Jersey. People can end up accused of violating the law for their conduct with prescription medication or their possession of prohibited substances.
Such violations can lead to penalties ranging from probation and fines to incarceration. Anyone who gets convicted of or pleads guilty to a drug offense is potentially at risk of long-lasting consequences. Employers and institutions of higher education may deny people opportunities because of a prior record.
People may want to explore every option available when accused of violating New Jersey drug statutes. For some people, pretrial interventions through the drug courts or recovery courts might be an option.
When do drug defendants qualify?
Pretrial diversion through the recovery courts is only an option in specific circumstances. Typically, the person requesting treatment instead of criminal prosecution must not have a prior criminal record. The charge they face should be a non-violent offense.
They may have to undergo an evaluation by medical professionals or court specialists to determine if they are eligible. Those who do qualify likely have a substance abuse disorder that directly contributed to their violation of the law.
What do recovery court proceedings involve?
Those who qualify for recovery court don’t face traditional prosecution. Instead, they must submit to intensive court oversight similar to what happens during parole or probation. They have to meet regularly with court professionals. They likely have to attend treatment sessions and meetings.
In fact, they may even need to spend time at an inpatient treatment facility. The entire process usually requires two years or sometimes even longer to complete. That being said, those who successfully complete drug court proceedings do not have to worry about criminal penalties.
They may be eligible for an expungement that eliminates state records of their charges. They can achieve and potentially maintain sobriety with the oversight of the courts providing them with motivation to focus on their recovery.
Pretrial interventions are one of several options available for those facing drug charges. Exploring every potential solution can help defendants limit the long-term consequences that criminal charges may otherwise have on their lives.