New Jersey Conditional Discharge Program
Denville NJ Conditional Discharge Lawyers
New Jersey has several diversionary programs that provide eligible defendants with the opportunity to have their charges suspended while they complete a period of probation, after which the charges against them are dismissed. One such program is the Conditional Discharge Program, which is available to certain defendants charged with disorderly persons offenses. Typically, Conditional Discharge is used to resolve cases involving drug charges and possession of drug paraphernalia. Due to the classification of these charges as disorderly persons offenses, Conditional Discharge is a diversionary program that is used in Municipal Court, whereas the Pretrial Intervention Program (PTI) is applicable in Superior Court cases involving indictable offenses.
Alissa Hascup is a highly experienced criminal defense attorney and former Municipal Court Prosecutor who now assists countless clients facing drug charges in Paterson, Little Falls, Wayne, Clifton, Totowa, Haledon, and throughout Passaic County, Morris County, Essex County, and Bergen County, New Jersey. If you have been charged with possession of a controlled dangerous substance and you are wondering if the Conditional Discharge Program may be a way to resolve your case, contact Alissa Hascup today at 862-257-1200 for a free consultation.
Conditional Discharge Program in New Jersey
The New Jersey Statute that addresses the Conditional Discharge Program can be found in section N.J.S.A. 2C:36A-1, entitled “Conditional discharge for certain first offenses; expunging of records.” According to New Jersey Conditional Discharge Law, conditional discharge is available to first-time offenders who have not been convicted previously of petty disorderly persons or disorderly persons offenses, or indictable crimes in New Jersey or any other state related to controlled dangerous substances (i.e. possession of heroin, cocaine possession, or prescription drug offenses. The person must be charged currently with a petty disorderly persons offense or disorderly persons offense, such as possession of drug paraphernalia. Also, the defendant must not have been enrolled in diversionary program such as conditional discharge, conditional dismissal, or Pretrial Intervention previously.
If you meet the eligibility requirements for the conditional discharge program in New Jersey, you can submit an application to the court for admission into conditional discharge. If you are accepted into the program, you do not need to admit guilt or submit a guilty plea; instead, your charges are simply suspended while you complete the conditional discharge probationary period. The term of probation is usually one year but can last up to three years, during which you may be required to submit to random drug testing and you must avoid being arrested or charged with another offense. If you successfully complete the conditions of conditional discharge, the original charges against you are dismissed and you will not have a conviction on your criminal record. You can also seek an expungement of the arrest and the original charges six months after the successful completion of conditional discharge. However, if you violate the terms of conditional discharge during the period of supervision, the charges against you will be reinstated and your case will proceed through the Municipal Court prosecution process.
Contact a Totowa NJ Conditional Discharge Attorney for a Free Consultation
If you or a loved one are facing charges in a NJ Municipal Court, contact criminal defense lawyer Alissa Hascup to learn more about the Conditional Discharge Program and other ways you may be able to have your charges dismissed. Call her at 862-257-1200 for a free consultation about your case.