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Conditional Discharge

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Conditional Discharge in New Jersey | Criminal Defense Lawyer West Windsor, NJ

What Is a Conditional Discharge?

Conditional Discharge is a diversionary program governed by N.J.S.A. 2C:36A-1. It is a first-time offender’s program for those charged with disorderly persons level drug offenses in Municipal Court. When a defendant is enrolled in the Conditional Discharge program, they are placed on a period of probation, which can be supervised or unsupervised, for up to three years (but most commonly for one year). The Municipal Court judge has the discretion to impose reasonable terms and conditions of the probation. If, at the end of the term of probation, all of the terms of conditions of probation have been successfully completed, the court will dismiss the charges against the person.

A person can be enrolled in the Conditional Discharge program with or without a guilty plea, or also after being found guilty at trial.

Common terms and conditions of Conditional Discharge probation are having no new offenses during the term of probation, submitting to random drug testing, and paying the fines and costs associated with the Conditional Discharge program (which are approximately $830).

Additionally, the judge can impose a license suspension for 6 months to 2 years but may waive the imposition of the license suspension upon a showing of compelling circumstances, which can be demonstrated by showing that it will be an extreme hardship and alternative means of transportation are not available.

Who Is Eligible for a Conditional Discharge in Mercer County, NJ?

You are eligible for a Conditional Discharge if:

  • You are charged with a disorderly persons or petty disorderly persons drug offense; and
  • You have never been convicted of a drug offense in New Jersey or anywhere else in the United States; and
  • You have never been granted a Conditional Discharge, Conditional Dismissal, or Pre-Trial Intervention (PTI) in the past.

Contact a West Windsor Criminal Defense Attorney to Discuss Your Eligibility for Conditional Discharge

Have you been charged with a crime in Hamilton, Lawrence, Ewing, Princeton, or anywhere else in Mercer County, NJ? Then you need to speak with a West Windsor criminal defense lawyer immediately. Aydelotte & Scardella Law LLC can help you. Call 609-250-9881 or fill out the online contact form. The office is located at 2653 Nottingham Way STE 1, Hamilton Township, NJ 08619.

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