What is a Conditional Discharge in a New Jersey Drug Crime Case?
Posted by Scott Gorman - May 28, 2021

When facing a drug charge in New Jersey, there are several potential defenses available. However, it still won’t be possible to use these defenses to avoid a conviction in many cases. Prosecutors will have the evidence they need, and even an experienced Morristown drug lawyer won’t be able to overcome the strength of the government’s case against you.

But, if you are a first-time offender, you may have another option available: You may be able to avoid a conviction through a conditional discharge.

What is a Conditional Discharge?

A conditional discharge is a way to resolve a drug crime case in Morristown without a conviction. You don’t have to plead guilty, and you don’t have to fight for your freedom in court. The judge will impose requirements similar to probation; and, if you comply with these requirements, your case will be dismissed at the end of the conditional discharge period.

When Should You Consider a Conditional Discharge?

While a conditional discharge allows you to avoid a conviction, there are still costs involved, and you must strictly comply with the terms the judge imposes. If you fail to comply, your case will be reinstated, and you will be at risk of facing a conviction in court.

A Morristown drug lawyer can help you decide if a conditional discharge is your best option. If you did not commit a drug crime, or if the prosecution’s evidence against you is lacking (or inadmissible in court), then your best option may be to present a defense rather than seeking a conditional discharge. However, if a conditional discharge is your best option, the benefits include:

  • You will avoid a criminal conviction if you meet all requirements.
  • Your arrest record will be eligible for expungement.
  • You may be able to avoid having your driver’s license suspended.

How Do You Qualify for a Conditional Discharge?

There are three main requirements to qualify for a conditional discharge in a New Jersey drug crime case. You must meet all three requirements in order to obtain a conditional discharge:

  • First-Time Offender – You must be facing a drug charge as a first-time offender. This means that you cannot have a conviction for a drug offense on your criminal record.
  • Disorderly Persons Offense – You must be facing a charge for a drug crime that is classified as a disorderly persons offense. These are lower-level offenses (they are typically referred to as misdemeanors in other states). Examples include simple marijuana possession and possession of drug paraphernalia.
  • No Prior Diversionary Program – Typically, you are only eligible for a conditional discharge if you have not previously participated in a conditional discharge or other diversionary program.

Discuss Your Case with a Morristown Drug Lawyer for Free

Are you eligible to seek a conditional discharge? Is seeking a conditional discharge the best way to resolve your New Jersey drug crime case? To discuss your case with Morristown drug lawyer Scott Gorman for free, call 973-796-3800 or request a confidential consultation online now.

Published in Categories: Drug Posession