A Conditional Discharge is a statutory (N.J.S.A. 2C:36A-1) diversionary program that allows a defendant to stay and ultimately dismiss certain pending charges against him or her. The program is available only with respect to disorderly persons offenses (typically drug possession or related drug charges) that are in a New Jersey Municipal Court. A defendant is only conditional discharge (“CD”) eligible if they have not been previously convicted in any state of a drug offense or have not previously been granted a Conditional Discharge or Pre-Trial Intervention.
An application for a condition discharge is made by motion to the Municipal Court Judge with notice to the Municipal Court Prosecutor. If the Municipal Court accepts the defendant into the program the court impose a period of supervisory treatment and random drug monitoring for up to 3 years. The typical supervisory treatment term is generally 1 year. The court will usually require enrollment in a drug treatment program and random drug testing.
In order to get the charges dismissed the defendant must comply with the terms of the conditional discharge and cannot not fail any drug tests or get arrested during the supervisory treatment period. Upon successful completion the criminal case is dismissed. This means the accused is cleared of all charges and does not have a criminal record. In most respects, successful completion is as if the accused was never charged with a crime. Six months after the dismissal the accused is eligible to expunge all records of the arrest and conditional discharge. However, if the defendant cannot comply with the terms of the conditional discharge, the criminal charges are reinstated and the defendant must then stand trial or otherwise resolve the charges.
There are certain fees associated with entry into a conditional discharge program. Entrants are required to pay these minimum fees, $45.00 application fee, mandatory $500.00 DEDR penalty, $50.00 lab fee and $33.00 in court costs. If entry into the program occurs prior to a fining of guilt the court may suspend the 6 to 24 month loss of driving privilege. If the application for conditional discharge is made after conviction the loss of license for6 to 24 months is mandatory.
If you or a loved one is charged with Possession of a Controlled Dangerous Substance or other drug related charge we may be able to help. Before you plead guilty and get a criminal record, surrender your driving privilege and pay fines contact the New Jersey Conditional Discharge Lawyers at DeMichele and DeMichele at 856-546-1350 for a free and confidential consultation. Many times we can offer fixed and flat fees for our services. We except Visa and MasterCard and payment plans are available.