Need help on poss charge in nj

[Bechill9]

What is the name of your state (only U.S. law)?
NJ
If i was arrested for poss of weed when 18 and had a pti and then it was expunged and arrested 10 years later for poss of herion, am i considered a repeat offender?? Also is a pti and conditonal discharge the same thing or can that defense be used? Thank you so much for help

 

[FlyingRon]

What is the name of your state (only U.S. law)?
NJ
If i was arrested for poss of weed when 18 and had a pti and then it was expunged and arrested 10 years later for poss of herion, am i considered a repeat offender?? Also is a pti and conditonal discharge the same thing or can that defense be used? Thank you so much for help

Conditional discharge is a separate but related program to pretrial intervention. Conditional discharge is only available for disorderly person's offenses (like small amounts of marijuana). Heroin is an indictable offense and you are not eligible for CD. Pretrial intervention is a different program that is available for indictable offenses. You are not eligible for pretrial intervention if you ever have had a prior PTI or CD. Further, depending on which degree of charge (depends on the amount), you might not be eligible for a PTI even if your prior record was squeaky clean. You should be talking to an attorney. Let him knowa bout your priors.