Conditional Discharge

Conditional Discharge of New Jersey Drug Offense

Criminal Defense Lawyer

New Jersey law permits diversion of certain criminal charges.  The term diversion refers to the resolution of a criminal complaint through an alternative program outside of the Courts rather than through prosecution of the complaint to its natural conclusion. The principal programs for diverting criminal charges in NJ are Conditional Discharge, Pretrial Intervention or as it is more commonly known, PTI, and Drug Court.  The Law Offices of John F. Marshall is a criminal defense firm that is experienced in all three diversion programs.  Our criminal defense attorneys insure that drug charges are conditionally discharged whenever appropriate.  We handle drug cases statewide including in Monmouth County, Ocean County, Union County, Middlesex County, Mercer County, Somerset County, Hudson County and Essex County.

Conditional Discharge Applies to Marijuana & First Time Offenders

New Jersey's Conditional Discharge Program applies to certain first time drug offenders and is set forth at N.J.S.A. 2C:36A-1.  The statute permits a petty disorderly persons offense involving "marijuana, stimulant, depressant, or hallucinogenic" to be conditionally discharged.  As a practical matter, however, the statute is largely limited to marijuana or hash derivatives insofar as most other drugs are categorized as scheduled drugs which would invalidate them for applicability of the conditional discharge program.  There are instances, nonetheless, where an offense involving a scheduled narcotic or drug is downgraded to a petty disorderly persons offense thereby permitting an application into the program.  The lawyers in our office are well versed in the requirements of the conditional discharge program and will explore every opportunity to have your case admitted into the conditional discharge program.

Requirements for a Conditional Discharge 

Assuming a person is charged with a petty disorderly persons offense involving a qualifying drug, he or she needs to satisfy three (3) conditions to be admitted into the Conditional Discharge Program:

(1) The continued presence of the suspect cannot pose a danger to the community (i.e. the court must not believe that a term in rehab or custody is necessary);

(2) Supervision in the program shall benefit the suspect in correcting any problems he or she may have with drugs; and 

(3) The applicant has not previously received the benefit of a diversion either by way of Conditional Discharge or Pretrial Intervention ("PTI").

Conditonal Discharge Eliminates the Risk of a Drug Conviction 

Where a Conditional Discharge has been granted, any proceedings on the related criminal complaint are suspended, typically for a period of one (1) year.  If the suspect stays out of trouble and complies with any requirements imposed as conditions of admission into the program, then the original criminal complaint is dismissed at the conclusion of  the supervision period.  If a person does not fulfill one or more of the conditions (e.g. submit clean drug tests) or receives new criminal charges during the supervision period, then he or she shall be violated from the program and sent back to the original court of jurisdiction to address the original drug offense.  It is important that an individual immediately contact our office when they receive a dirty drug test, receive a new criminal charge or are otherwise violated, as a knowledgeable criminal attorney can contest the violation and seek an extension of the program rather than termination.

New Jersey Only Permits One Opportunity for Diversion

Individuals must keep in mind that a conditional discharge is a one shot opportunity.  An individual is only entitled to one admission into the program and the law views this as an opportunity to allow individuals to address a drug problem.  Additionally, once an individual has been provided the benefit of this opportunity, he is ineligible for future admission into Pretrial Intervention ("PTI") should he subsequently be the subject of an indictable criminal offense.  When this is the situation, our lawyers will often attempt to reopen a case that was discharged, attempt to withdraw the conditional discharge, and enter a plea to a negotiated plea on the marijuana or paraphernalia charge. The reason for this course of action is the fact that an indictable criminal offense is much more serious than a petty disorderly persons offense and it is therefore frequently more beneficial to be able to have a defendant admitted into PTI and avoid a indictable conviction, then to take a plea on the original municipal court charge.

If you have been charged with a drug offense in Middlesex County, Monmouth County, Union County, Somerset County, Ocean County, Essex County, Hudson County, or Mercer County, and are interested in seeking Conditional Discharge, contact the Law Offices of John F. Marshall.  An attorney will review your case and make sure that all of your defenses are considered.  If there is no defense to the underlying charge, then our attorneys will make sure that you are admitted into the program.  Please do not hesitate to contact our office for a free initial consultation with a lawyer.