Conditional Discharge New Jersey
If you live in New Jersey and have been not been previously convicted of a drug offense, you may qualify for a conditional discharge. This diversionary program is a form of legislature in New Jersey and other states within the United States that was created for first time drug offenders. Drug charges can be dismissed if the defendant qualifies for the program and can complete treatment provided by the state. If the defendant completes supervisory treatment, a conditional discharge may be placed before trial or after he/she has been found guilty of the offense.
The decision whether or not a defendant is granted a conditional discharge is made by the New Jersey municipal court judge. Before the New Jersey municipal court can decide on whether or not the defendant is granted a conditional discharge, the defendant must satisfy all qualifications:
- To qualify, the defendant must not have any previous drug convictions in any court of law in NJ or within the United States.
- The defendant must also not have been previously placed in a pretrial intervention program or conditional discharge program before in NJ or anywhere in the United States
- The defendant must also not pose a threat to his/her surrounding community where they live in New Jersey
- The defendant must benefit from the conditional discharge treatment programs and the public must be protected at all times by the terms of the conditional discharge.
Under the conditional discharge, supervision is given to the defendant under several different treatment programs including:
- Supervised/Unsupervised probation
- In-patient/Out-patient therapy (must not last longer than six months)
Supervision provided for the treatment programs may not last longer than a total of 3 years. For more information on conditional discharges, contact NJ Attorney Charles Block. You can contact Attorney Charles Block by phone or visit his Voorhees, NJ office today for a consultation.