New Jersey Drug Arrest Series: Collateral Penalties Associated with a Drug Conviction (4 of 10)

By: Frank Luciano

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This article continues the New Jersey Drug Arrest Series by discussing Collateral Penalties Associated with a Drug Conviction. These Collateral Penalties include:

* If on parole or probation there will probably be a revocation.

* Deportation is probable for a resident-alien or an illegal alien and that is so, even if the conviction is a disorderly persons offense.

* A driver's license will be suspended for not less than 6 months nor more than 2 years.

* This may be avoided if a specific hardship can be shown and it can be established that there is no alternative means of transportation available.

* Apart from the fines authorized by the Drug Statute, there are other financial sanctions imposed, including drug enforcement penalties that can range from $3,000 for a first degree crime to $500 for a disorderly persons offense and numerous other related expenses.

* For certain defined offenses which have a serious profit element to them, there will be an anti-drug property penalty that can be $200,000, three times the street value of the CDS, or three times the profits received, which ever is greater.

* If the government can prove that an asset was purchased with drug-related money or if the source of the money in one's bank accounts is drug-related, it will be seized. If a drug transaction occurred in or about one's home or vehicle or if cash in-hand at the time of the arrest is drug-related, this property may also be subject to forfeiture.

* If a drug transaction occurred in or about leased property, the conviction will be reported to the landlord, who will have the statutory authority to evict you. For a person who lives in a government-sponsored housing project, there is a likelihood of being permanently barred from ever living in any other government-sponsored housing.

* A public employee will lose his/her employment if convicted of a drug- related crime.

* Job forfeiture is mandatory under the law. It may not occur, however, if the conviction is a disorderly person or petty disorderly persons offense and the offense has nothing to do with the workplace or if the prosecutor recommends a waiver of this statutory requirement and the trial judge approves the waiver. If this occurs, the employer may not later terminate the employee because of the drug crime conviction. The employer may still take administrative action against the employee, however.

* There will be a loss of federally funded scholarships or federal aid if convicted while in college or graduate school and that is so even if the conviction is only a possessory offense. The period of ineligibility is for one year for a first-time offender. A third-time offender will lose this assistance permanently.

* There may be a loss or limited access to federal benefits, including food stamps and Section 8 housing benefits. Eligibility for certain other federal grants, licenses and contracts may also be affected. These disqualifications may be waived, however, if you participate in a long-term drug rehabilitation program or cooperation with the government in the prosecution of other drug offenders.

* Upon conviction, there is the risk of being subjected to a civil lawsuit for any injuries sustained by reason of a person's use of a CDS sold or given to him/her. The plaintiff, may be the user, a relative of the user, or a medical provider and the recovery can include economic damages (i.e. cost of medical treatment, loss of income, etc.), non-economic damages (i.e. pain and suffering, physical or emotional debilitation loss of companionship, etc.), punitive damages, attorney fees and costs of suit. This remedy applies to all drug dealers, even small ones.

* There will be a loss of the right to vote.

* There will be a loss of the right to sit on a federal jury.

* There may be a disqualification from accepting a position of responsibility in a labor organization or employee benefit plan.

* There will be a forfeiture of your passport if the drug-related offense occurred while crossing international boundaries.

* There may be a loss of the right to possess a firearm or denial of the opportunity to purchase one.

* There may be an undesired discharge from the military.

* A lawyer who has been convicted of distributing a CDS for profit will ordinarily be disbarred. If the offense is a possessory one, his/her license to practice law will be suspended for a period of time.

* A conviction can be used to enhance or increase a sentence for a subsequent conviction. It may also be used as an element of a crime in a later case.

Copyright (c) 2008 Frank Luciano