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 defense law offices today by calling 732-303-7857 to schedule your free consultation and learn more about your rights, and your legal options.

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 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.


New Jersey Criminal Defense Lawyers

Shoplifting Incidents Seem to Increase Amid Coronavirus Pandemic

While there is currently no hard data for shoplifting incidents during the coronavirus pandemic, some retailers and merchants are saying they’ve seen a surge in shoplifting in recent months. Many retailers are struggling financially due to the COVID-19 pandemic, and the purported increase in shoplifting seems to have made matters even worse. A recent report […]

read full article

Criminal Charges We Are Seeing Related to COVID-19

Since early March 2020, New Jersey has faced an escalating public health crisis that has already changed our lives in drastic ways. It’s inescapable on the news and permeates our everyday life. Our movements have been limited, businesses closed, and social schedules canceled. In addition to its many effects on our personal lives, the coronavirus […]

read full article

COVID-19 Delays Court Cases, Arrests in New Jersey

Jury trials and other court proceedings, as well as some arrests, have been suspended in New Jersey as the state tries to deal with the deadly coronavirus pandemic by “social distancing,” or limiting physical contact among groups of people. We have all the information you need here if you are facing criminal charges during this […]

read full article

Clark, Clark & Noonan, LLC.