Facing criminal charges in New Jersey can be overwhelming and frightening, especially for first-time offenders who have never been in trouble with the law before. The prospect of a criminal conviction, jail time, and a permanent record can threaten your employment, education, housing opportunities, and reputation.
Fortunately, New Jersey offers several diversionary programs designed to give eligible defendants a second chance and avoid the harsh consequences of a criminal conviction. Contact Keith Oliver Criminal Law today and let our criminal defense attorneys assess your options.
Other Diversionary Program Options
While the Pretrial Intervention (PTI) program is the most well-known diversionary program in New Jersey, it’s not the only option available. Two other important programs, Conditional Discharge and Conditional Dismissal, offer defendants a pathway to have their charges dismissed without a conviction appearing on their record.
Conditional Discharge in New Jersey
Conditional discharge in NJ is a diversionary program specifically designed for first-time offenders charged with certain drug or marijuana-related offenses. Under N.J.S.A. 2C:36A-1, eligible defendants can apply for conditional discharge, which allows them to avoid prosecution and ultimately have their charges dismissed if they successfully complete the program requirements.
Eligibility Requirements
To qualify for the conditional discharge program in NJ, defendants must meet the following specific criteria by:
- Being a first-time offender with no prior criminal convictions
- Being charged with a fourth-degree crime or a disorderly persons offense involving drugs or marijuana (possession offenses, not distribution)
- Having no prior conditional discharge (you can only use this program once in your lifetime)
- Not having previously completed PTI or another diversionary program
Common offenses that may qualify include possession of marijuana, possession of drug paraphernalia, and possession of small amounts of controlled dangerous substances.
Program Requirements
If accepted into conditional discharge, you’ll be placed on supervisory treatment for up to one year. However, the period can be shorter depending on your case. During this time, you must comply with all program conditions, which typically include the following:
- Remaining arrest-free and law-abiding
- Submitting to random drug testing
- Completing drug education or counseling programs as ordered by the court
- Paying all court fees and program costs
- Reporting to a probation officer as required
The conditional discharge program does not require an admission of guilt. If you successfully complete all requirements, the charges against you will be dismissed, and you’ll have no criminal conviction on your record. However, if you violate the program’s terms, you may be terminated from it, and prosecution will resume on the original charges.
Conditional Dismissal in New Jersey
The New Jersey conditional dismissal program is a newer diversionary option that became available in 2013 under N.J.S.A. 2C:43-13.1. This program is broader than conditional discharge because it’s available for a wider range of offenses beyond just drug crimes.
Conditional dismissal offers first-time offenders charged with certain disorderly persons offenses and fourth-degree crimes the opportunity to have their charges dismissed after completing a period of supervisory treatment.
Eligibility Criteria
To be eligible for conditional dismissal, you must meet the following criteria:
- You are a first-time offender with no prior criminal convictions.
- You are charged with a disorderly persons offense or fourth-degree crime (with some exceptions).
- You have no prior participation in PTI, conditional discharge, or conditional dismissal.
- You receive approval from the prosecutor.
Offenses that may qualify include simple assault, shoplifting, criminal mischief, harassment, trespassing, and many fourth-degree crimes.
Certain offenses are explicitly excluded from conditional dismissal eligibility, including domestic violence offenses, crimes involving firearms or other weapons, driving while intoxicated (DWI), driving with a suspended license, and certain sexual offenses.
An experienced criminal defense lawyer can advise whether your charges might qualify.
Program Structure
The conditional dismissal program typically lasts up to one year of supervisory treatment. During this period, defendants must comply with the following conditions, which are similar to those in the conditional discharge program:
- You must remain arrest-free.
- You must complete community service if ordered to do so.
- You must attend counseling or treatment programs as directed.
- You must pay restitution to victims, if applicable.
- You must pay program fees and court costs.
Like conditional discharge, successful completion results in dismissal of charges with no criminal conviction. The prosecutor has significant discretion in determining whether to consent to conditional dismissal, making the advocacy of an experienced NJ criminal defense attorney crucial to gaining admission.
The Role of a Defense Lawyer in Diversionary Programs
Having an experienced NJ criminal defense attorney is essential when seeking admission to any diversionary program in New Jersey. Your attorney plays a critical role at every stage of the process.
First, your lawyer will evaluate your eligibility by thoroughly reviewing your case, criminal history, and the specific charges to determine which program you may qualify for. They’ll then prepare a compelling application that highlights your personal background, employment or educational status, family support, lack of criminal history, acceptance of responsibility, and commitment to rehabilitation.
Your attorney will advocate with prosecutors to secure their consent when required, addressing any concerns they may have about your eligibility or suitability for the program. Throughout the program, your lawyer can help ensure you understand all requirements and comply with conditions, represent you if violations are alleged, and work to resolve any issues that arise during your supervisory period.
Without proper legal representation, you may not even know these programs exist or understand which one is most appropriate for your situation. Prosecutors are not looking out for your best interests, so you need an advocate who is.
Contact Our NJ Criminal Defense Attorneys for Help
If you’re facing criminal charges in New Jersey, don’t assume that a conviction is inevitable. Diversionary programs like PTI, conditional discharge, and conditional dismissal provide valuable alternatives that can help you avoid a criminal record and move forward with your life. At Keith Oliver Criminal Law, our experienced
New Jersey criminal defense attorneys have successfully helped numerous clients gain admission to diversionary programs and complete them successfully.
Let our experienced criminal defense team guide you through this challenging time. Contact us today for your confidential consultation to discuss your charges and explore your options for avoiding a criminal conviction.
