Conditional Discharge Program In New Jersey
Who does it apply to? It is only applicable to persons who commit a disorderly persons offense involving drugs or an indictable offense involving drugs that was downgraded back to municipal court. The law establishes a conditional discharge program in municipal courts for eligible first time defendants.
What does a Conditional Discharge do? Under this law, a defendant who is charged with a drug related charge may apply to enter into the conditional discharge program. Defendant will be placed under a probation monitoring status for a set term. If defendant successful completes the program, the court will terminate the probation monitoring and dismiss the proceedings against the defendant.
What type of offense is needed to apply for this program? You need to be charged with a drug related offense, such as possession, failure to make proper disposition of CDS, possession of paraphernalia, possession in a school zone, distribution, etc.
What are the Conditions Required to be eligible? The defendant can not (1) have been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime relating to marijuana, stimulant, depressant, or hallucinogenic drugs, and (2) has not previously participated int he conditional discharge, conditional dismissal, or PTI program.
Can a judge deny me entry into the program? A judge can deny you entry into the program. A Judge will examine whether you pose a danger to the community, if the terms of the program will be adequate to protect the public, and if you will benefit from the program and correct any dependence issues or use of drugs.
How long will probation be? Typically, you will be sentenced to one year of probation. However, the law allows for up to three years.
What will I need to do while on probation? In most counties, you will need to appear for a drug test. Some counties require more than one or an initial meeting with the probation department. Some counties require you to just stay out of trouble. For the most part, this is a non-reporting type of probation program.
Will I lose my driver's license? It is possible. The law allows a judge to suspend your license. However, there are ways to prevent that from happening.
What if I violate the terms and get arrested or use drugs while in the program? If you violate the terms of probation, you are terminated from the program.
What happens if I successfully complete the program? Your matter will be dismissed. However, keep in mind that it will still appear on your record until you expunge it.
What type of fines am I looking at to enter the program? You should expect to have to pay about $833.00 in fines, assessments and court costs. Most townships will allow you to arrange a payment plan. However, some require you to pay it in full when you enter the program.
Will I need to have my record expunged after I complete the program? Yes. You will need to wait 6 months after you complete the program and an order is entered dismissing your matter.
How often can I get a conditional discharge in New Jersey? A conditional discharge can only be granted once per person.
If I had a conditional discharge in the past, can I now apply for PTI in Superior Court? No. The law states that first time offenders can only use 1 of the 3 New Jersey diversionary programs. PTI (Pre-Trial Intervention) and conditional discharge are both considered diversionary programs.
What does a Conditional Discharge do? Under this law, a defendant who is charged with a drug related charge may apply to enter into the conditional discharge program. Defendant will be placed under a probation monitoring status for a set term. If defendant successful completes the program, the court will terminate the probation monitoring and dismiss the proceedings against the defendant.
What type of offense is needed to apply for this program? You need to be charged with a drug related offense, such as possession, failure to make proper disposition of CDS, possession of paraphernalia, possession in a school zone, distribution, etc.
What are the Conditions Required to be eligible? The defendant can not (1) have been previously convicted of any petty disorderly persons offense, disorderly persons offense or crime relating to marijuana, stimulant, depressant, or hallucinogenic drugs, and (2) has not previously participated int he conditional discharge, conditional dismissal, or PTI program.
Can a judge deny me entry into the program? A judge can deny you entry into the program. A Judge will examine whether you pose a danger to the community, if the terms of the program will be adequate to protect the public, and if you will benefit from the program and correct any dependence issues or use of drugs.
How long will probation be? Typically, you will be sentenced to one year of probation. However, the law allows for up to three years.
What will I need to do while on probation? In most counties, you will need to appear for a drug test. Some counties require more than one or an initial meeting with the probation department. Some counties require you to just stay out of trouble. For the most part, this is a non-reporting type of probation program.
Will I lose my driver's license? It is possible. The law allows a judge to suspend your license. However, there are ways to prevent that from happening.
What if I violate the terms and get arrested or use drugs while in the program? If you violate the terms of probation, you are terminated from the program.
What happens if I successfully complete the program? Your matter will be dismissed. However, keep in mind that it will still appear on your record until you expunge it.
What type of fines am I looking at to enter the program? You should expect to have to pay about $833.00 in fines, assessments and court costs. Most townships will allow you to arrange a payment plan. However, some require you to pay it in full when you enter the program.
Will I need to have my record expunged after I complete the program? Yes. You will need to wait 6 months after you complete the program and an order is entered dismissing your matter.
How often can I get a conditional discharge in New Jersey? A conditional discharge can only be granted once per person.
If I had a conditional discharge in the past, can I now apply for PTI in Superior Court? No. The law states that first time offenders can only use 1 of the 3 New Jersey diversionary programs. PTI (Pre-Trial Intervention) and conditional discharge are both considered diversionary programs.
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