NJ Diversionary Programs
Conditional discharge is a diversionary program available to first time drug offenders. A court may suspend further proceedings and place the defendant on supervisory treatment, sometimes ordering certain conditions to be met during supervisory treatment. Upon completion of supervisory treatment and any court mandated conditions, the charge is dismissed provided the defendant passes all administered drug tests and does not get arrested for one year.
Eligibility for Conditional Discharge
To be eligible for the conditional discharge defendant cannot:
- have any prior drug conviction
- have been previously placed in a conditional discharge or pretrial intervention program
- pose a danger to the community
Unfortunately, the court must suspend the defendant’s driver’s license from 6 months to 2 years after admittance into the conditional discharge program; but if the defendant can prove a “hardship” from the loss of license, the court has discretion not to suspend the defendant’s driving privilege.
Call David C. Barry today for more information about a conditional discharge (732) 204-7387.