1514 NJ-138 Suite 3 Wall Township, NJ 07719

We offer free consultation. Call us Today at 732 303 7857

Conditional Discharge for First-Time Possession Charges & Offenders in New Jersey

Conditional discharge is a diversionary program in municipal court that exists for first-time drug offenders that may allow you to serve probation (of one to three years) and have charges against you dismissed, and, under certain circumstances, to keep your driving privileges. Conditional discharge is just one legal option we explore for clients without an existing record, who are facing a first, drug related offense.

If you are eligible for conditional discharge of the charges against you, you may be able to avoid prosecution. If you have questions about whether or not you may be eligible for this diversionary program, contact our criminal defense law offices today by calling (732) 303-7857 to schedule your free consultation and learn more about your rights, and your legal options.

Drug Possession Charges Dismissed After Probation

Drug charges may be dismissed after one to three years’ probation has been successfully served. During the probation period, the defendant must pass all required drug tests and cannot be arrested for any other offense or crime. Defendants must also adhere to any other conditions of the probation.

Loss of Driving Privileges

The court is required to suspend the defendant’s driver’s license after being admitted into the conditional discharge program. Driver’s license suspension will range from a minimum of 6 months up to 2 years. However, once admitted into the conditional discharge program, the court has the discretion of not suspending defendant’s privilege to drive based on a “hardship exception.”

Eligibility for Conditional Discharge

A conditional discharge may be a legal option for defendants charged with a disorderly persons offense involving drugs, or an indictable offense that has been downgraded to a municipal court. Not every defendant is eligible for a diversionary program.

It is best to contact our law offices so we can learn more about the particular charges you are facing, and to advise you as to your eligibility. However, in general, the following are eligibility criteria for  a conditional discharge:

  • No Prior Drug Conviction. To be eligible for a conditional discharge, the defendant may not have any prior drug conviction in any U.S. court.
  • No Prior Participation In Diversionary Program. The defendant may not have ever been placed in a conditional discharge or pretrial intervention program before.
  • Not a Danger. In addition, the defendant may not pose a danger to the community if given a conditional discharge.

How Clark, Clark & Noonan, LLC Can Help

If your first-time possession charges cannot be dismissed, and you are not eligible for conditional discharge you may still have other legal strategies we can pursue. For example, we may be able to get simple drug possession charges downgraded to other offenses or even to a violation of a municipal ordinance that does require the loss of your driving privileges.

No matter what charges you are facing, you do not have to face them alone. We are here to help you understand your charges, your options, and to get you the best possible outcome in your case. For a free consultation, please call us at 732-303-7857 today.

You can read the full statute regarding conditional discharges here: N.J.S.A. 2C:36A-1. Conditional discharge for certain first offenses; expunging of records.

We Can Help 24/7

Free case review. Call 732-303-7857 or send us a message now.

CONTACT US TODAY

New Jersey Criminal Defense Lawyers

New Jersey Criminal Court Back in Session

Criminal court proceedings in New Jersey have resumed following a four-month suspension caused by the COVID-19 pandemic. New procedures are in place to protect all individuals involved in the judiciary process.  Whether you’re a juror, attorney, judge, witness, or defendant, it’s important to get familiar with the new procedures and understand how they will affect […]

read full article

How Long After a Shoplifting Accusation Can You Be Charged?

So, you snagged a $200 pair of designer jeans at your favorite store and escaped undetected without paying for them. Score a win for yourself? Not so fast. Maybe it’s been a few days or even weeks and you haven’t been charged. You’re constantly looking over your shoulder, haunted by the possibility that you may […]

read full article

Clark, Clark & Noonan, LLC.
732-303-7857