First Time Drug Offense in New Jersey

While New Jersey generally has a tough policy on drug possession, use, distribution, and trafficking, they do have diversion programs for first offenders with less serious drug charges to help them avoid incurring a criminal record, while receiving enough punishment to deter them from continuing their drug possession and/or use.  These programs are limited in who can choose them, but they are the best alternative for a first offender who hopes to learn from their mistake and avoid further criminal activity.

Conditional Discharge

For persons with a first-time drug possession charge, generally for minor drug offenses, like possession of marijuana, and without previous convictions for disorderly persons offenses, a court can at its discretion, place an offender on probation, generally for a period of one year.  If that probationary period is completed successfully, the criminal drug conviction will be permanently expunged from the offender’s record.  This is a powerful warning for a first offender’s to prevent them from further criminal activity. 

A conditional discharge can only be used one time, so it must be used on a charge that is valid.  If the offender and their lawyer believe that the possession charge is false and they believe they can have that charge dismissed, they may want to pursue that option rather than choosing their one-time option of a conditional discharge.

Pre-Trial Intervention

In some cases, pre-trail intervention (PTI) programs are recommended in order to rehabilitate an offender, rather than allowing them to go through the entire court process and, if convicted, have a permanent criminal record.  There are three requirements an offender must comply with in order to be allowed into a PTI program:

• They must be charged with an indictable offense
• They must be a first-time offender
• They must never have gone through PTI before
• They must never have been granted a conditional discharge

In addition, the court must determine that PTI will help deter the offender from committing further crimes, and that if the cultural, social, and economic conditions that contributed to their criminal behavior can be changed, the offender will avoid further criminal activity.

Those who are accepted into the program must also demonstrate a teachability and receptivity to rehabilitation that indicates the program should have a positive influence.  An offender can be assigned to a PTI program for one to three years.  If this program is completed successfully, the graduate will have their conviction expunged from their record.  If it is not completed successfully, the offender will be removed from the program and returned to the trial process.

Pre-Trial Intervention Methods

Each PTI program is designed to meet the cultural, social, and economic needs of the participant.  That may include, among other options:

• Counseling
• Psychotherapy
• Drug-abuse prevention
• Employment training and placement
• Simple supervised probation

As in conditional discharge programs, if the offender believes that, with the help of a criminal defense lawyer, they may be able to challenge their drug possession charges successfully, pre-trial intervention may not be appropriate for them.  Once they have participated in a PTI program, they cannot do so again. 

Conclusion         

For first time drug possession offenders, there are options to help avoid a criminal record and criminal punishment.  It is important to think through those options and make sure one is right for them.  Sometimes a defense attorney can help them apply for such a program, or determine if they have a chance to fight the possession charges and avoid diversion programs altogether.  This legal advice is invaluable when someone faces serious drug charges in the state of New Jersey.