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Conditional Discharge

Conditional Discharge

A conditionally discharge is a statutory program that allows a defendants a stay form conviction, and eventually a dismissal of pending charges so long as the program is completed.

The program is available with respect to disorderly persons offenses, typically drug possession charges stemming from Municipal Court. To be eligible for a conditional discharge, you cannot have a prior conditional discharge or pre-trial intervention admittance.

A conditional discharge is made by motion to the Municipal Court Judge, who then decides if a period of supervisor treatment and random drug monitoring is appropriate. Most supervisory treatment plans last one year, but may be imposed for up to 3 years. Once full compliance with terms imposed by the Judge for the conditional discharge are met, the charges will be dismissed. This means that you cannot have a relapse, must not be arrested, and cannot fail a random drug screen. Six months after the discharge, you may apply for a full expungement of the charges.

If you fail to comply with the Court terms and conditions of a conditional discharge, the charges are reinstated and you must face trial or work out a plea deal with the prosecutor. The costs for a conditional discharge are nominal compared to the benefit. A fee of $45 to apply, mandatory $500 DEDR penalty, $50 lab fees, and $33 court costs.

Contact the team at Mark | Lavigne, LLC and they will explain to you what your rights are, and discuss with them if you qualify for a conditional discharge. Sometimes good people make mistakes, and a conditional discharge will give you that second chance you need. Contact Mark | Lavigne, LLC now by clicking here, or call us at 908-460-8996.

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