New Jersey has adopted three diversionary programs that allow a defendant to avoid prosecution for a criminal offense and they are known as Pretrial Intervention, Conditional Dismissal and Conditional Discharge. Each of these programs allow you to escape the penalties and record that come with a conviction provided you meet certain eligibility requirements and successfully complete the related program. This opportunity is a one time chance to avert the consequences of a conviction.
The criminal lawyers that make up the defense team at Law Offices of Jonathan F. Marshall have extensive experience helping clients secure dismissal of their charges through Pretrial Intervention, Conditional Dismissal and Conditional Discharge. We are former prosecutors and highly qualified attorneys who have been practicing in Ocean County, including Stafford, Lacey, Toms River, Jackson, Manchester and Brick for decades. To speak to a lawyer with the know how to obtain admission into a diversionary program, contact court Toms River Office. A lawyer is available any time of day or night for free consultation at (732) 286-6500.
Diversion of a Disorderly Persons OffenseAt the municipal court level, drug related disorderly persons offenses like possession of 50 grams or less of marijuana marijuana, being under the influence of cds and drug paraphernalia charges, fall under the conditional discharge program. A similar program known as conditional dismissal applies to all other disorderly persons offenses. As a general rule, these programs require one year of supervision (although less than this term may be ordered), drug testing and that you remain arrest free in order to complete the program and obtain a dismissal of your offense.
Pretrial Intervention for an Indictable Crime of the Third Degree or Fourth DegreeIf you are facing an indictable crime of the third degree or fourth degree, you may apply for Pretrial Intervention. This program allows you to forego prosecution in return for completion of one (1) to three (3) years of supervision. The typical term is one (1) year but the period can be extended where the charge is particularly serious or it is a case which requires restitution over an extended period. You will be required to undergo random drug testing, report a probation office and refrain from being arrested during the program or you will be terminated and face the criminal charge anew.
Only One Diversion Is Permitted in New JerseyIt is important to note that an individual is only permitted to utilize conditional dismissal, pretrial intervention or conditional discharge one time. If you have already taken advantage of one of these programs, you will be disqualified from participating in ANY now or in the future. This means that you will have to defend your charge without the opportunity to avoid prosecution in this manner if you have already participated in conditional discharge or another diversion program in New Jersey in the past.
Contact Our Toms River Criminal Firm For Immediate AssistanceLaw Offices of Jonathan F. Marshall is comprise of eight criminal lawyers that possess over 100 years of experience between them. We have helped thousands of individuals secure dismissal of a criminal offense through conditional discharge and other diversionary programs over the last several decades. If you would like to speak with an attorney with considerable knowledge in this area of criminal law, call our office in Toms River at (732) 286-6500. A lawyer is available 24/7 to assist you. Initial consultations with our attorneys are always free so do not hesitate to contact us for the assist you need.