Conditional Discharge

What is a Conditional Discharge?  Conditional Discharge is a diversionary program that under certain circumstances an individual may enter as an alternative to being prosecuted for a criminal offense.  If all of the conditions of the program are met, eventually the charges will be dismissed.  Individuals who have been accused of a Disorderly Person’s Offense involving marijuana or hash may be eligible.  In order to be eligible, the offense must be the individual’s first offense.  Rarely, the program will apply to criminal charges involving other drugs like stimulants, depressants, or hallucinogens, but usually charges involving these drugs do not constitute Disorderly Person’s Offenses, so offenders are usually ineligible. 

I am Anthony N. Palumbo, a New Jersey criminal defense and municipal court defense attorney   with over 35 years of criminal trial experience. Having the experience as a former prosecutor and current public defender has given me a superior knowledge of both sides of the law. I understand that being charged with a drug related crime can be frightening. When facing such serious charges you will want an attorney that has superior knowledge, strategies, skillful negotiation tactics and a reputation in the local courts to fight for your rights. You may have the option of a diversionary program which can clear your name of past criminal conduct.  Contact me today toll free at 1-866-664-8118 for a free initial consultation, I will be happy to provide the answers you need.

The law firm of Palumbo & Renaud represents clients throughout New Jersey including Monmouth County, Middlesex County, Ocean County, Union County, Somerset County, Hudson County and Essex County.

Qualifying for Conditional Discharge

In order to qualify for Conditional Discharge,  all of the following elements must be present.

• The offense must be a Petty Disorderly Person’s Offense.
• It must be the individual’s first offense.
• The accused must not have entered a diversionary program before.
• The court must find that jail time is not necessary because the accused is not a danger to the community.
• The program will benefit the accused.

Revocation of Conditional Discharge

Once a person has successfully entered a Conditional Discharge program, the criminal complaint against that person will be put on hold for about 1 year.  The person must follow the guidelines set forth in the program which usually involve drug testing.  If the person fails a drug test, or violates some other rule put in place by the program, the program will be terminated and the individual will be fully prosecuted on the complaint.  However, so long as all the conditions of the program are met, the criminal complaint will be dismissed upon completion of the program.

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