TJT The Tormey Law Firm Criminal Defense Attorneys

Client Reviews

Conditional Discharge NJ

Possession Of Marijuana Diversion Program Video

“The Conditional Discharge Program is a great way to eliminate a marijuana charge, and move on with no trial or criminal record.”

NJ Marijuana Lawyers with offices in Hackensack, Morristown, Newark NJ

“Scroll Down To See How To Fight Marijuana Charges or read our Top 5 Ways To Beat A Criminal Charge.”

Conditional Discharge in the world of lawyers and judges is known as a “Diversionary Program“. Basically, the court is trying to give you a different option OTHER Than going through the process of a trial. That means that the judge and prosecutor might just be willing to OVERLOOK the entire incident that you got yourself into, and you might just be able to get a fresh start.

You’re going to have to pay some money, and you are going to have to STAY OUT OF TROUBLE for a period of time. But, if you do all that (and pass any drug tests), the state will basically wipe the slate clean. You will have no record of the charge and certainly no criminal record. However, there WILL be a record of your arrest.

On the bright side, this won’t show up on job searches but it will show up if you end up in court again. If you have an issue with that, after a certain period of time (usually about 6 months), you can get this expunged from your record.

I can handle any “expungements” that you might need.

The Conditional Discharge Program in NJ: A Section 36 Application

If you have never been arrested for a drug charge in NJ before, and you have never used a diversion program before, then you should be eligible for a section 36 application known as the conditional discharge program. This program is only available in Municipal Court on certain minor drug charges (known as disorderly persons offenses, misdemeanor). For example, possession of marijuana under 50 grams and possession of drug paraphernalia are the two most common charges that defendants apply for a conditional discharge for.

The court will run your background (known as a “CCH” or criminal history) to confirm that you have no prior criminal record and that you have not utilized a diversion program before (such as PTI, conditional discharge or a conditional dismissal). If the CCH comes up clean, the Judge will place you on probation for six (6) months to one (1) year. You must remain arrest free during that time and you must pass any drug tests administered to you. You must also pay the mandatory program fees (usually about $750 or $800).

If you do all those things, the case will be dismissed at the end of your probationary period. You can only use a program like this once in your life. You do not have to plead guilty to get into the program. Also, you should not lose your driver’s license if you are admitted into the program. Lots of positives. Once the case is dismissed, you have no criminal record. However, there is still an arrest record. You have to wait six months and then you can expunge (remove) the arrest from your record. For more information, contact our NJ drug charge defense lawyers now for a free initial consultation at 201-556-1570.

The first video is an overview on marijuana law:

Marijuana Charge Overview

These Videos are about fighting charges:

Challenging The Motor Vehicle Stop
Challenge Chain Of Custody
Challenge The Lab Reports
Challenging Your “Possession” of Marijuana
Challenging Illegal Searches

The last two are about Diversionary Programs that can take care of your charges entirely:

Conditional Discharge
Pre Trial Intervention

For more information about conditional discharge program in New Jersey, Wikipedia has some good information.  You might also search “conditional discharge” on Google.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions