Conditional discharge program nj




















It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case. We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. When you hire an attorney , you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense; b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person; c.

Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; d. Take or withhold action as an official, or cause an official to take or withhold action; e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; f.

Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. The minimum term required by subsection a. The provisions of subsection a. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a.

Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree.

The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions. Prison terms start at a minimum of 10 years in prison.

You have a good shot at PTI if you are charged with a 3rd-degree. Conditional Discharge. Attorney Alan G. Free Consultation. Conditional Discharge - Overview. Conditional Discharge - Eligibilty. Next, you must never have received any other type of probation. However, there are standard fees and assessments that must be imposed.

They include the following:. In addition, a Defendant could be subject to a six month loss of their driving privileges as well. Since a Defendant is being diverted from the traditional forms of prosecution to be placed in the conditional discharge program, no guilty plea is required. Therefore, if a Defendant is to have violated the terms of the conditional discharge program, the original charges would be reinstated and need to be re-litigated.

In addition, a Defendant will most likely be dealing with a violation of probation and even a new set of charges as well. A Defendant can violate the conditional discharge program by committing any of the following acts:.

Being charged with a criminal offense can be scary. However, hiring the right attorney can go a long way to alleviating the fear. If you have been accused of a drug offense in New Jersey and would like to know if you are eligible for the conditional discharge program, please feel free to contact us at Upon completion of the terms and conditions of the supervisory treatment, the treatment is terminated and the proceedings against the defendant are dismissed. Therefore, no criminal record, no jail term, no license loss and no community service.

However, this may be avoided if the court finds compelling circumstances warranting an exception i. If you or someone you know has been charged with a drug charge in Hudson County and are interested in learning whether or not you are eligible for the conditional discharge program, please contact our Jersey City office at The Law Office of Jonathan F.

Marshall Colin E. Bonus Esq. A conditional discharge may be a legal option for defendants charged with a disorderly persons offense involving drugs, or an indictable offense that has been downgraded to a municipal court.

Not every defendant is eligible for a diversionary program. It is best to contact our law offices so we can learn more about the particular charges you are facing, and to advise you as to your eligibility.

However, in general, the following are eligibility criteria for a conditional discharge :. If your first-time possession charges cannot be dismissed, and you are not eligible for conditional discharge you may still have other legal strategies we can pursue. For example, we may be able to get simple drug possession charges downgraded to other offenses or even to a violation of a municipal ordinance that does require the loss of your driving privileges. No matter what charges you are facing, you do not have to face them alone.

Our First-Time Drug Offender Lawyers are here to help you understand your charges, your options, and to get you the best possible outcome in your case. You can read the full statute regarding conditional discharges here: N.

Conditional discharge for certain first offenses; expunging of records. Free case review. Call or send us a message now. Charles F.



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