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Conditional Discharge Question

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nimra

Junior Member
What is the name of your state (only U.S. law)? New Jersey

Hi everyone. I recently got pulled over in my car and the police found a dime bag of marijuana. This is not the first time I have been arrested as I have a charge from 6 years ago when I turned 18. I was charged for burglary back then.

I contacted my lawyer and he told me that I would be eligible for conditional discharge for the marijuana as long as I had no prior drug offenses but he also says my mileage may vary because my prior charge MIGHT make me not eligible for conditional discharge.

I have tried doing my own research but I can't find a clear cut answer. Some say I can't have any prior offenses and some say I can't have any prior DRUG offenses. Although I must add that 6-7 lawyers have told me that I am eligible, while only one has told me I am not.

Furthermore, the burglary charge was my only prior offense to this one, and I did not receive PTI (Pre-Trial Intervention) for some reason. My lawyer tells me this is very unusual that I didn't get PTI for my first offense and that I should go make sure that I didn't apply to it. I am quite sure though because the charge is still on my record today and I had been sentenced to 2 years probation for the burglary.

Would anybody know if I am eligible for Conditional Discharge under the laws of New Jersey?
 


BL

Senior Member
If the prior isn't recent and 6-7 lawyers are telling you that you should be eligible for a CD then it's safe to say you most likely are.
 

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