New Jersey has several diversionary programs relating to certain enumerated criminal charges. The first, with regard to indictable criminal charges, is known as Pre-Trial Intervention. This program is conducted on the county level and deals with more severe criminal charges. A defendant must apply and be accepted into the "PTI" program with the consent of the county prosecutor's office. The second type of diversionary program in New Jersey is known as a conditional discharge. This type of diversion is limited to certain minor drug offenses which are disposed of on the Municipal level. If you are a first time offender and you are charged with marijuana possession, you may be eligible for a conditional discharge. This allows the Court to place you on probation (for typically one year) and at the expiration of this supervisory period your criminal charge disappears forever. This resolution can have a tremendous effect on your future as it prevents a permanent criminal charge on your record. As a result, it is important to contact an experienced criminal defense attorney at the Iler Law Firm to determine if a conditional discharge is right for you.
New Jersey Conditional Discharge Law: N.J.S.A. 2C:36A
2C:36A-1. Conditional discharge for certain first offenses; expunging of records
a. Whenever any person who has not previously been convicted of any offense under section 20 of P.L.1970, c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense defined in chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:
(1) Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require.
Is a Conditional Discharge Right for Me?
There are several important things to remember when considering whether or not a conditional discharge is the right resolution to your drug charges. First of all, you must be certain that you are eligible for a conditional discharge. This means that the criminal charge you are facing is subject to a conditional discharge and that you have never had a conditional discharge before or you have never been admitted into Pre-Trial Intervention (PTI). Remember, you can only use a conditional discharge or PTI once in your life so choose wisely. Further, an experienced criminal lawyer must examine the facts of your case to determine if there are any triable issues related to your arrest. For example, there must be a valid search which resulted in the discovery of the drugs. If the search was not valid, the charges can be dismissed altogether and a conditional discharge is not necessary. Thus, it is imperative that you contact a criminal defense lawyer at the Iler Law Firm to examine the facts and circumstances surrounding your drug charges to determine if a conditional discharge is right for you.
