NEW JERSEY CRIMINAL LAWYERS

NJ NEW JERSEY CONDITIONAL DISCHARGE LAW

Understanding NJ’s Laws on Conditional Discharge: A Legal Option for First-Time Offenders

If you are facing a disorderly persons offense or petty disorderly persons offense in New Jersey for the first time, and have never been previously convicted of any crime or offense under NJ’s stringent drug laws, then you may be eligible for conditional discharge. A skilled and experienced New Jersey criminal attorney can guide you through your legal options and help avoid any lasting damage to your reputation and record.

To better understand this process, we have provided an excerpt of the regulation governing it. The law contained in N.J.S.A. 2C:36A-1 entails various sections as discussed below.

Section A

When a person is charged with or found guilty of a disorderly persons offense or petty disorderly persons’ offense under chapter 35 or 36 of NJ’s criminal code, the court may take further action by following either of these steps:

– Suspend further proceedings and place the defendant under supervisory treatment on reasonable terms and conditions with references to the State Bureau of Identification criminal history record information files.
– Place the defendant on supervisory treatment without entering a conviction and on reasonable terms and conditions after finding that a guilty plea has been applied.

This section allows conditional discharge as an alternative to being prosecuted for the offenses by providing supervisory treatment that may not lead to conviction.

Section B

According to this section, once ordered by the court, supervisory treatment should not exceed up to three years for each offender. Also, it should not require referral to any residential treatment facility for a period exceeding the maximum period of confinement prescribed by law for the crime charged or conviction. Moreover, if aged above 17 years old during their time on supervised probation, their driving privileges will be suspended between six months to two years from investigative custody. However, there are exceptional circumstances where driving privileges suspension isn’t applicable even when granted supervised probation. For instance, if the offender is below 17years of age, the suspension only begins after their 17th birthday.

Section C

For a person to be eligible for conditional discharge under this section, they must not have received supervisory treatment under Section 27 of P.L.1970, c. 226 (C.24:21-27), N.J.S.2C:43-12 or the provisions of this chapter previously. Also, specific circumstances necessitate that an offender’s continued presence in society doesn’t pose threats or create possible danger to people and willing participation in civil treatment programs. If successfully followed, such treatment may correct a person’s dependence or use of controlled substances.

Section D

To apply for conditional discharge under this law, applicants have to pay a $75 fee to the court as compensation cost for judging compensations within that jurisdiction where petitioned. Of which $30 is set aside into a temporary reserve account while $45 is directed towards maintaining New Jersey official court deposits.

Conditional discharge process entails entering a guilty plea but without obtaining a conviction on record once complete terms are fulfilled and supervisory treatment fully-complete by fulfilling all conditional requirements; proceedings against such persons get dismissed with no indicated criminal record. It’s worth noting that such dismissals will still appear in criminal records even when they lack conviction implications.

However, violating supervised probation’s terms and conditions can prompt further action from juridical bodies resulting in admission of guilt as well as penalty repercussions; therefore, it remains crucial for offenders granted conditional waivers during prosecution proceedings to ensure compliance with all terms’ articulated guidelines.

Table: Conditional Discharge Law Sections

Section
Description

A
Explains that courts can suspend any further proceedings regarding disorderly persons while imposing supervisory treatment on defendants.

B
Places restrictions on supervisory treatment like maximum timing threshold spent for supervised probation supervision and similarly forfeiture of licensed driving rights.

C
Outlines criteria a person needs to meet eligibility for receiving a sentence under conditional recourse.

D
Highlights the fee required as part of the relief program.

In summary, the NJ conditional discharge law provides crucial legal options to first-time petty or disorderly persons offenders. Todd Spodek’s team will help you understand this program, guide you in your legal options and provide appropriate counsel needed for such circumstances. Our criminal attorneys can develop a strong defense strategy to ensure you avoid criminal record implications resulting from either drug offenses, DUIs or domestic violence cases convictions. Don’t hesitate to contact us if you need help understanding New Jersey’s Conditional Discharge Law.