Legal Question in Criminal Law in New Jersey

Your status on conditional discharge could be terminated, causing you to face the charge on which you are on conditional discharge, if you are found guilty or plead guilty to the new charge. You need to hire an attorney to avoid this situation developing.

Call me if you like.

Only if you are convicted of the new charge. Call me at 732/247/3340 to discuss.

The defense attorney can make a Motion, upon notice to the prosecutor and subject to 2C: 36A l(c) for first offenders to suspend further proceedings and place the defendant on supervisory treatment (i.e., probation, supervised or unsupervised attendance at Narcotics Anonymous, etc.). This is Motion For Conditional Discharge. Since the granting of a Conditional Discharge is optional with the court, defense counsel should be prepared to prove, through letters, documents, or even witnesses, that the defendant's continued presence in the community or in a civil treatment program, will not pose a danger to the community. Defense counsel should be prepared to convince the court that the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances. For applicable caselaw on Conditional Discharges, see State v Sanders N.J. Super 515 (App. Div. 1979), State v Banks 157 N.J. Super. 442 (Law Div. 1978), State v Grochulski 133 NJ Super 586 (Law Div. 1975), State v Teitelbaum. 160 NJ Super 450 (Law Div. 1978), State v Bush L34 NJ Super 346 (Cty Ct 1975), State v DiLuzio 130 NJ Super 220 (Law Div. 1974). The defendant must pay a $45.00 application fee, plus the mandatory $500.00 DEDR penalty. The court further has the option to suspend a defendant's driver's license for between six months and two years. The conditional discharge period is also between one year and two years. If the defendant is convicted of a drug offense during the CD period or violates the conditions set by the court, the prosecution resumes. The defendant may even apply for a conditional discharge after he/she is found guilty, but before sentence is imposed. If the CD is granted at this point in the proceeding, the 6 to 24 month license suspension is mandatory. "To read entire article, go to http://www.njlaws.com/conditional_discharge_first_time_drug_offenders.htm. We recommend you hire an attorney for this serious matter.

It could affect your conditional dischare since part of the conditional discharge agreement is that you will not be arrested during the period of your conditional discharge. If you do get removed from the conditional discharge program, then you will have to go to court on the drug charge itself. Please contact me to discuss your case in more detail. Thank you.

Sicnerely yours, -Ronald Aronds, Esq.-