Conditional Discharge Eligibility
If you are charged with a drug crime, you may be scared and think that your life is over. With the help of a New Jersey drug crime lawyer, you can minimize your punishments. These convictions come with a heavy price and that is something you will want to avoid at all costs. Here is what you need to know about conditional discharge eligibility.
Conditional Discharge Eligibility | First-Time Offenders
If my client has had prior convictions for drug offenses, that prior conviction becomes a big factor in how I handle the case. If they haven’t any prior convictions, then my client might be eligible for what’s called a “conditional discharge.” A conditional discharge is not a plea of guilty of any sort and there is no loss of license. It simply requires an application fee and then reporting to the Department of Probation, usually over six months or a year period of time, depending on which judge will be hearing your conditional discharge.
That’s a significant part of my interview because it’s a reasonable way of dealing with the case that you might not be able to win either on a motion to suppress or at trial. A conditional discharge, essentially, is a diversionary program. Ordinarily, it’s maybe only one or two visits to the Department of Probation. It is essentially a diversionary program whereby you do not enter into a plea of guilty, where once the conditional discharge period is over the case gets dismissed.
Conditional Discharge Eligibility | How Many Conditional Discharges Can I Get?
The additional good news is that your case is over. You don’t ever have to face a judge, again, other than to get your case dismissed. There will be no conviction. There will be no getting up in front of a judge and admitting guilt, which could be a part of a plea bargain. One of the downsides is that you can only receive a conditional discharge once in your life.
Conditional Discharge Eligibility | Violations
If you get rearrested or you don’t abide by the terms of the conditional discharge, you will then be in a violation of the conditional discharge. If that does happen, then the case gets resurrected and you then have to face that charge from the beginning. As an experienced criminal defense attorney who has successfully defended hundreds of drug possession cases, I would like to put people at ease because incarceration doesn’t seem terribly common for possession of small levels of marijuana, small levels of cocaine, and small levels of heroin.
Contact an experienced New Jersey drug crime lawyer today to find out how your punishments can be minimized.
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