What is a Conditional Discharge in NJ? Who is Eligible?
A conditional discharge is a diversionary program in New Jersey. The underlying purpose of this statute is to allow certain individuals the ability to bypass the traditional methods of prosecution and allow them to partake in a probationary period. If the individual successfully completes the probationary period without violating any of the conditions imposed, the then pending drug charges will be outright dismissed. So not only will an individual be able to avoid a drug conviction but they will also be able to avoid a jail sentence as well. With that being said, it is important to note here that the conditional discharge is only available for individuals who have been charged with a drug offense. For more information on who will be eligible for the program, please see below.
If you have been arrested and charged with the possession of marijuana under 50 grams, the possession of drug paraphernalia, loitering for the purpose of obtaining CDS, failure to turn over a CDS or any other drug offense in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. We have been helping individuals charged with drug offenses gain entry into the Conditional Discharge Program. If you would like to set up a free initial consultation with one of our criminal defense attorneys today then please contact us at 908-533-1064. We serve all of Somerset and Hunterdon County, including towns like Bedminster, Bernards, Warren, Clinton, Raritan, Readington, Bridgewater, Bound Brook, North Plainfield and Watchung. For more information on the Conditional Discharge Program, please see below.
Who is Eligible for the Conditional Discharge Program?
The Conditional Discharge Program is governed by NJSA 2C:36A. In order for an individual to be able to participate in the conditional discharge program, the following criteria must be met:
- The Defendant has been charged with a Drug Offense;
- The Defendant has never partook in a diversionary program before, whether in New Jersey or any other state. (i.e. Pretrial Intervention, Drug Court, Conditional Dismissal Program, ARD)
- The Defendant has never been convicted of a Drug Offense before, whether in New Jersey or any other state.
In order for a Defendant to be accepted into the Conditional Discharge Program, they must first make an apply. The Defendant will be able to apply during one of their scheduled court appearances. If they are accepted, the Judge will then sentence them into the program for period ranging anywhere from six months to one year, with one year being the norm. Since this is a diversionary program, the Defendant will not be entering a guilty plea. With that being said, their are several fees and assessments that will be imposed. Those fees include the following:
- A $75 Application Fee
- A $500 Drug Enforcement and Demand Reduction
- A $50 Forensic Laboratory Fee
- A $30 Law Enforcement Officers Training and Equipment Fee
- A $50 Victims of Crimes Compensation Fund fee
- A $75 Safe Neighborhood Services Fund fee
- Up to a 6 Month Loss of License
- Probationary Period 6 Months to 1 Year
What Happens if I Violate the Conditional Discharge Program in NJ?
When a Defendant is placed into the Conditional Discharge Program the criminal charges are basically pending. If the Defendant violates any of the terms, which include remain drug and arrest free, the pending charges will be reinstated and the Defendant must re-litigate the charges as well as the violation of probation. If you have violated the Conditional Discharge Program in New Jersey and would like to discuss your options with one of our criminal defense attorneys then please contact us at 908-533-1064.
Conditional Discharge Attorneys in New Jersey
If you have been accused of a drug crime in Somerset or Hunterdon County, let the Law Offices of Proetta & Oliver can help. Our attorneys are well aware of what a criminal conviction, let alone a jail sentence can do to someone’s life. That is why our attorneys will aggressively attack the evidence against our clients in order to help them achieve their desirable outcome. We defend clients in courts throughout Somerset and Hunterdon County, including towns like Warren, Hillsborough, Manville, Far Hills, Montgomery, Bridgewater, Somerville, Flemington and Bound Brook. If you would like to speak to one of our criminal defense attorneys today, then please contact us at 908-533-1064.