New Jersey Diversionary Programs: Conditional Discharge, Conditional Dismissal & PTI
One mistake should not define the rest of your life.
Many people charged with a criminal offense in New Jersey have never been arrested before. They are employed, raising families, attending school or building careers. A criminal conviction can jeopardize employment opportunities, professional licenses, educational opportunities and future goals.
Recognizing that good people sometimes make mistakes, New Jersey has created diversionary programs that allow certain first-time offenders to avoid a criminal conviction.
For more than 25 years, the attorneys at Sutnick & Sutnick Attorneys at Law have represented clients throughout Bergen County and Northern New Jersey. We regularly appear in Municipal and Superior Courts and routinely advise clients regarding New Jersey’s diversionary programs.
What Is a Diversionary Program?
A diversionary program allows an eligible defendant to avoid a criminal conviction by successfully completing a period of supervisory treatment.
If the program is successfully completed, the criminal charge is dismissed.
New Jersey has three primary diversionary programs:
- Conditional Discharge – a municipal court diversionary program available for certain drug-related offenses.
- Conditional Dismissal – a municipal court diversionary program available for certain disorderly persons and petty disorderly persons offenses. This program does not apply for drug-related offenses.
- Pretrial Intervention (PTI) – a Superior Court diversionary program available for certain indictable criminal offenses.
Although all three programs can result in dismissal of criminal charges, the eligibility requirements, procedures and consequences for failing to complete the program are very different.
The Most Important Thing to Understand
For most people, participation in a diversionary program is a one-time opportunity.
Generally, a person who has previously completed PTI, Conditional Discharge or Conditional Dismissal will not be eligible to participate in another diversionary program in the future.
Because this opportunity is usually available only once, it is important to make informed decisions and obtain experienced legal advice before entering a program.
Conditional Discharge, (N.J.S.A. 2C:36A-1)
Conditional Discharge is available in municipal court for certain first-time drug offenses. Instead of entering a conviction, the court places the defendant under supervisory treatment for a period that is typically 6 months. There is no need to admit anything and a plea of guilty is not required as a condition of entry.
If all conditions are successfully completed, the charge is dismissed. Generally, a defendant has to report to Probation and pass a random urine drug screening test in addition to paying mandatory fines and penalties. The amount to be paid is approximately \$900.
Common qualifying offenses may include certain drug possession offenses, like possession of cocaine or heroin, possession of drug paraphernalia and wandering for the purposes of obtaining CDS, or drugs.
Conditional Dismissal, (N.J.S.A. 2C:43-13.1)
Conditional Dismissal is available in municipal court for certain disorderly persons and petty disorderly persons offenses.
Like Conditional Discharge, the defendant is placed under a period of supervisory treatment. This program lasts one year and a defendant must remain offense-free and pay all fines and costs. Upon successful completion, the charge is dismissed and no criminal conviction is entered.
Many first-time offenders charged with offenses such as simple assault, harassment, disorderly conduct, criminal mischief, shoplifting and certain other theft offenses may qualify.
Pretrial Intervention (PTI), (N.J.S.A. 2C:43-12)
PTI is New Jersey’s diversionary program for eligible defendants charged with indictable offenses in Superior Court.
PTI is often more involved than municipal court diversionary programs and may include a longer period of supervision and additional requirements. For example, sustained drug treatment, alcohol counseling or anger management may be a requirement depending on the facts of a case. The point of the program is rehabilitation and different individuals require different services depending on the unique circumstances of their life and facts of their case.
Like Conditional Discharge and Conditional Dismissal, successful completion of PTI results in dismissal of the criminal charges.
What Happens After Admission Into a Diversionary Program?
Many clients assume that once they are admitted into a diversionary program, the case is over. That is not the reality.
Admission into the program is only the first step. A defendant must successfully complete the entire supervisory period before the charge can be dismissed.
In our experience, the most successful participants are those who take care of all program requirements immediately. If fines must be paid, pay right away. If treatment is required, set up appointments or a counselor right away.
We generally recommend paying all fines, assessments, restitution, and court-ordered financial obligations as early as possible. One of the last things you want is to reach the end of the supervisory period only to discover that a financial obligation remains outstanding.
Do I Have to Return to Court When the Program Ends?
Usually not.
In most Conditional Discharge and Conditional Dismissal cases, once the supervisory period is completed and all requirements have been satisfied, the dismissal is handled administratively by the court.
In many cases, neither the attorney nor the client needs to return to court.
PTI procedures can differ depending upon the county and the circumstances of the case.
The Key to Success: Stay Offense-Free
The most important requirement of any diversionary program is to remain offense-free during the supervisory period.
A new arrest or violation can jeopardize participation in the program and may result in termination from the program.
The consequences of being terminated from a diversionary program depend on the type of program and how the defendant entered it.
In some cases, the original criminal charges remain pending while the defendant participates in the program. If the defendant is terminated from the program, those charges may be reinstated and the prosecution can continue.
In other programs, a defendant must plead guilty before being admitted. In those cases, the guilty plea remains in place during the program period. If the defendant successfully completes the program, the charge is dismissed. However, if the defendant is terminated from the program, the case proceeds directly to sentencing based on the previously entered guilty plea.
Example: A defendant charged with shoplifting pleads guilty to enter a conditional dismissal program. If the defendant successfully completes the program, the shoplifting charge is dismissed after one year. If the defendant is arrested again or otherwise violates the program requirements during that year, the defendant may be terminated from the program and sentenced on the shoplifting conviction.
The consequences of failing to complete a diversionary program can vary significantly depending upon whether the defendant is participating in Conditional Discharge, Conditional Dismissal, or PTI.
How Much Do Diversionary Programs Cost?
There is a mandatory $75 application fee for Conditional Discharge, Conditional Dismissal, and PTI. The application fee for Conditional Discharge is set forth in N.J.S.A. 2C:36A-1, and similar application fees apply to Conditional Dismissal and PTI.
In addition, courts may impose fines, assessments, restitution, and other financial obligations depending upon the offense involved. The total amount varies from case to case.
Does a Dismissal Remove the Charge From My Record?
No.
This is one of the most common misconceptions we encounter.
When a diversionary program is successfully completed, the criminal charge is dismissed and there is no criminal conviction.
However, the arrest and dismissal may still appear on a criminal background check.
A background check will generally show that the charge was dismissed but it still shows up on a rap sheet as an arrest and a dismissal.
While that is a positive outcome, it is not the same as having a completely clean record.
Why Expungement Is So Important
We strongly encourage clients to pursue expungement as soon as they become eligible.
In many cases, a person who successfully completes PTI, Conditional Discharge or Conditional Dismissal becomes eligible to seek expungement six months after dismissal of the charge.
You never know when a job opportunity, professional license application, graduate school admissio, or other important opportunity may arise.
A dismissed charge is far better than a conviction. However, it is even better when a background check reveals no criminal record at all.
Our goal is not simply to obtain a dismissal. Our goal is to help our clients move forward with a clean record whenever possible.
Frequently Asked Questions
Can I Get PTI More Than Once?
Generally, no. PTI is typically a one-time opportunity.
Can I Get Conditional Dismissal More Than Once?
Generally, no. Prior participation in a diversionary program will usually make a defendant ineligible for another diversionary program.
Can I Get Conditional Discharge More Than Once?
Generally, no. Conditional Discharge is intended for eligible first-time offenders and is typically available only once. There is an exception for individuals who had prior conditional discharge matters related to the simple possession of marijuana.
Can My Application Be Denied?
Yes. Admission into a diversionary program is not automatic. Eligibility requirements, the nature of the offense, the defendant’s background and other factors may affect whether admission is granted.
Which Program Is Better?
The answer depends entirely on the charge and the court handling the case. PTI, Conditional Discharge, and Conditional Dismissal serve different purposes and apply to different offenses. An experienced criminal defense attorney can help determine which program may be available and whether it is the best option for your situation.
Contact Sutnick & Sutnick Attorneys at Law
For more than 25 years, Sutnick & Sutnick Attorneys at Law has represented clients charged with criminal and municipal court offenses throughout Bergen County and Northern New Jersey.
If you have been charged with a criminal offense and want to determine whether PTI, Conditional Discharge or Conditional Dismissal may be available, contact our office to discuss your options and protect your future.