The New Jersey Conditional Discharge Program for Certain First Drug Offenders
The State of New Jersey has long had in effect a program for Certain first drug offenders to avoid the harshest of the penalties which the law might otherwise allow, including heavy fines, incarceration and a criminal record which will affect follow the offender for the rest of his/her lifetime. The procedure allows defendants charged with certain drug offenses to be under court supervision for a period of time determined by the court. The Judge may require the defendant to get drug counseling, have random drug tests, to attend narcotics anonymous meetings, or may place other conditions on probation (this is called supervisory treatment). To be eligible, a defendant must have:
• Never been convicted of a drug offense in any State or Federal Court
• Never been granted a conditional discharge before
• Never received Pre-Trial Intervention or Pre-Trial Diversion in any State or Federal Court
The judge ultimately determines who is eligible for a conditional discharge. If granted a conditional discharge, the defendant must pay mandatory assessments and the judge may suspend his/her driving privileges. If during the period of supervisory treatment no additional offenses have been committed, and there is compliance with all conditions (including satisfying all financial obligations), the defendant will be scheduled for a court hearing at which time the charges will be dismissed. If new offenses have been committed during this period, the defendant may be tried on the original charges and the new offenses.
To read the full provisions of the Conditional Discharge Statute see our WEBPAGE which includes the full Statute.
There is no absolute right to enter this program and it must be negotiated with the prosecutor and approved by the Judge handling the case. The experienced Criminal Defense Attorneys of Avery & Avery, are familiar and have long experience with this program and can use it to protect your rights and to minimize the consequences of a drug charge to you. If you are charged with these or similar offenses, CONTACT OUR OFFICE FOR A FREE CONSULTATION. We will help guide you to the best path to avoid having a criminal record, and all the disabilities that would otherwise result from such a record.
Robert W. Avery, Esq., and The Law Offices of AVERY & AVERY, Esqs., practice in the Superior Courts of Bergen County NJ, Passaic County NJ, Hudson County NJ, Essex County NJ, and the Municipal Courts of Allendale NJ, Alpine NJ, Bergenfield NJ, Bogota NJ, Carlstadt NJ, Central Municipal Court of Bergen County NJ, Cliffside Park NJ, Closter NJ, Cresskill NJ, Demarest NJ, Dumont NJ, East Rutherford NJ, Edgewater NJ, Elmwood Park NJ, Emerson NJ, Englewood NJ, Englewood Cliffs NJ, Fairfield NJ, Fair Lawn NJ, Fairlawn NJ, Fairview NJ, Fort Lee NJ, Franklin Lakes NJ, Garfield NJ, Glen Rock NJ, Hackensack NJ, Harrington Park NJ, Hasbrouck Heights NJ, Haworth NJ, Hillsdale NJ, Ho-Ho-Kus NJ, Leonia NJ, Little Ferry NJ, Lodi NJ, Lyndhurst NJ, Mahwah NJ, Maywood NJ, Midland Park NJ, Montvale NJ, Moonachie NJ, New Milford NJ, North Arlington NJ, Northvale NJ, Norwood NJ, Oakland NJ, Old Tappan NJ, Oradell NJ, Palisades Interstate Court NJ, Palisades Interstate Park Court NJ, Palisades Interstate Parkway Court NJ, Palisades Parkway Court NJ, Palisades Interstate Park Commission Court NJ, Police Court of the Palisades Interstate Park and Parkway NJ, Palisades Park NJ, Paramus NJ, Park Ridge NJ, Ramsey NJ, Ridgefield NJ, Ridgefield Park NJ, Ridgewood NJ, River Edge NJ, River Vale NJ, Rochelle Park NJ, Rockleigh NJ, Rutherford NJ, Saddle Brook NJ, Saddlebrook NJ, Saddle River NJ, South Hackensack NJ, Teaneck NJ, Tenafly NJ, Teterboro NJ, Upper Saddle River NJ, Waldwick NJ, Wallington NJ, Washington Township NJ, Westwood NJ, Woodcliff Lake NJ, Wood-Ridge NJ, Wyckoff NJ, Passaic NJ, Paterson NJ, Jersey City NJ, North Bergen NJ, Secaucus NJ, Union City NJ, Weehawken NJ, Newark NJ, East Orange NJ, and West Orange NJ, and Hackensack NJ.