Conditional Discharge N.J.S.A. 2C:36A
New Jersey has two diversionary programs for certain criminal charges, including drug offenses like marijuana possession. The first type of diversionary program is a Conditional Discharge, pursuant to N.J.S.A 2C:36A. A Conditional Discharge is available to certain minor drug offenders and drug offenses which are are disposed of at the Municipal Court. If you are a first-time drug offender and charged with marijuana possession, you are eligible for a conditional discharge. Upon admission, the Court will place you on probation and at the expiration of the probationary period, the charges against you will be dismissed. Typically, the probationary term is for one year. Once the charges are dismissed, you will not have a permanent drug charge on your record.
For more information about pre-trial representation, please contact the Law Office of Jay M. Arnesen, to schedule a free initial consultation with an experienced New Jersey pre-trial intervention program lawyer.
The law regarding Conditional Discharge, pursuant to N.J.S.A. 2C:36A-1(a), states:
"Whenever any person who has not previously been convicted of any offense under section 20 of P.L.1970, c.226, or a disorderly persons or petty disorderly persons offense defined in Chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:
(1) Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require."
Pre-Trial Intervention N.J.S.A. 2C:43-12
The second diversionary program for criminal charges is Pre-Trial Intervention, most commonly referred to as "PTI." This program's purpose is to allow first-time criminal offenders, usually for indictable offenses, to avoid prosecution for their alleged crimes as long as they are eligible for "PTI" and satisfy the supervisory period of the program. The key difference between the Conditional Discharge and Pre-Trial Intervention programs is that a Conditional Discharge applies only to drug offenses which are deemed disorderly persons offenses and are dealt with at the Municipal Court level. PTI applies to a wide variety of indictable crimes which are dealt with at the Superior Court level. A first-time offender means an individual who hasn't been convicted of an indictable offense previously and has not used a Conditional Discharge in the Municipal Court either.
Eligibility for PTI, Supervisory Treatment, Pursuant to N.J.S.A. 2C:43-12
The purpose of sections 2C:43-12 through 2C:43-22 of this chapter is to effectuate a statewide program of Pre-Trial Intervention. It is the policy of the state of New Jersey that supervisory treatment should ordinarily be limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States, or any other state when supervisory treatment would:
- Provide applicants, on an equal basis, with opportunities to avoid ordinary prosecution by receiving early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by an applicant, and when there is apparent causal connection between the offense charged and the rehabilitative or supervisory need, without which cause both the alleged offense and the need to prosecute might not have occurred; or
- Provide an alternative to prosecution for applicants who might be harmed by the imposition of criminal sanctions as presently administered, when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct; or
- Provide a mechanism for permitting the least burdensome form of prosecution possible for defendants charged with "victimless" offenses, other than defendants who were public officers or employees charged with offenses that involved or touched their office or employment; or
- Provide assistance to criminal calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems; or
- Provide deterrence of future criminal or disorderly behavior by an applicant in a program of supervisory treatment.
Free Initial Consultation With a Hackensack Conditional Discharge Lawyer
Contact the Law Office of Jay M. Arnesen to speak with an experienced Bergen County conditional discharge attorney about your rights. Call 201-546-5777 or toll free in New Jersey at 877-242-7920 to schedule a free consultation.
