What Is a Conditional Discharge?

a motorcycle police officer

In the state of New Jersey, if you are pulled over and found to be in possession of a small amount of drugs, you could end up facing serious consequences, including jail time or heavy fines. However, first time offenders could avoid jail time through a conditional discharge in the state of New Jersey. If this is your first time facing a drug-related offense, read on to learn how the experienced attorneys at the Law Office of Dennis E. Block can assist you in requesting a conditional discharge.

In order to be considered for a conditional discharge, the court will have to determine that your presence in the community will not pose as threat or danger to anyone. It is also possible for the court to determine that the conditions set of supervisory treatment is enough to protect the public as well as correct your use of prohibited drugs. Also, you cannot have received supervisory treatment in the past in order to be considered for a conditional discharge. Again, a conditional discharge is available only for first-time offenders in New Jersey.

Should the court determine you meet the requirements of receiving a conditional discharge, the judge can suspend the proceedings against you and place you under supervisory treatment. You will be required to meet the terms and conditions of the treatment, which usually lasts no more than six months. This means that you may be randomly drug tested during the six-month period or be checked-in on in order to ensure you are not breaking the conditions set on you. However, if you violate these conditions, such as failing a drug test, your case will be reopened and you will receive a new trial date.

You do not necessarily have to plead guilty or not guilty in order to qualify for a conditional discharge. The judge further does not have to find you guilty of your drug-related offense. If you do decide to plead guilty, it’s important to know that the judgement of conviction will be entered should you violate the conditions placed in your supervisory treatment.

Are you facing drug-related charges and are interested in pursuing a conditional discharge? Get in contact with the Law Offices of Dennis E. Block. We can offer legal guidance regarding your criminal defense case and protect your rights in court.