Should I ask for a conditional discharge or are there other options for a plea?
Full Question:
Answer:
The following is a New Jersey statute:
2C:36A-1. Conditional discharge for certain first offenses;
expunging of records
a. Whenever any person who has not
previously been convicted of any offense under section 20 of P.L.
1970, c. 226 (C. 24:21-20), or a disorderly persons or petty
disorderly persons offense defined in chapter 35 or 36 of this
title or, subsequent to the effective date of this title, under
any law of the United States, this State or any other state
relating to marijuana, or stimulant, depressant, or hallucinogenic
drugs, is charged with or convicted of any disorderly persons
offense or petty disorderly persons offense under chapter 35 or 36
of this title, the court upon notice to the prosecutor and subject
to subsection c. of this section, may on motion of the defendant
or the court:
(1) Suspend further proceedings and with the consent of the
person after reference to the State Bureau of Identification
criminal history record information files, place him under
supervisory treatment upon such reasonable terms and conditions as
it may require; or
(2) After plea of guilty or finding of guilty, and without
entering a judgment of conviction, and with the consent of the
person after proper reference to the State Bureau of
Identification criminal history record information files, place
him on supervisory treatment upon reasonable terms and conditions
as it may require, or as otherwise provided by law.
b. In no event shall the court require as a term or condition of
supervisory treatment under this section, referral to any
residential treatment facility for a period exceeding the maximum
period of confinement prescribed by law for the offense for which
the individual has been charged or convicted, nor shall any term
of supervisory treatment imposed under this subsection exceed a
period of three years. If a person is placed under supervisory
treatment under this section after a plea of guilty or finding of
guilt, the court as a term and condition of supervisory treatment
shall suspend the person's driving privileges for a period to be
fixed by the court at not less than six months or more than two
years. In the case of a person who at the time of placement under
supervisory treatment under this section is less than 17 years of
age, the period of suspension of driving privileges authorized
herein, including a suspension of the privilege of operating a
motorized bicycle, shall commence on the day the person is placed
on supervisory treatment and shall run for a period as fixed by
the court of not less than six months or more than two years after
the day the person reaches the age of 17 years.
If the driving privilege of a person is under revocation,
suspension, or postponement for a violation of this title or Title
39 of the Revised Statutes at the time of the person's placement
on supervisory treatment under this section, the revocation,
suspension or postponement period imposed herein shall commence as
of the date of the termination of the existing revocation,
suspension or postponement. The court which places a person on
supervisory treatment under this section shall collect and forward
the person's driver's license to the Division of Motor Vehicles
and file an appropriate report with the division in accordance
with the procedure set forth in N.J.S. 2C:35-16. The court shall
also inform the person of the penalties for operating a motor
vehicle during the period of license suspension or postponement as
required in N.J.S. 2C:35-16.
Upon violation of a term or condition of supervisory treatment
the court may enter a judgment of conviction and proceed as
otherwise provided, or where there has been no plea of guilty or
finding of guilty, resume proceedings. Upon fulfillment of the
terms and conditions of supervisory treatment the court shall
terminate the supervisory treatment and dismiss the proceedings
against him. Termination of supervisory treatment and dismissal
under this section shall be without court adjudication of guilt
and shall not be deemed a conviction for purposes of
disqualifications or disabilities, if any, imposed by law upon
conviction of a crime or disorderly persons offense but shall be
reported by the clerk of the court to the State Bureau of
Identification criminal history record information files.
Termination of supervisory treatment and dismissal under this
section may occur only once with respect to any person. Imposition
of supervisory treatment under this section shall not be deemed a
conviction for the purposes of determining whether a second or
subsequent offense has occurred under section 29 of P.L. 1970,
c. 226 (C. 24:21-29), chapter 35 or 36 of this title or any law of
this State.
c. Proceedings under this section shall not be available to any
defendant unless the court in its discretion concludes that:
(1) The defendant's continued presence in the community, or in a
civil treatment center or program, will not pose a danger to the
community; or
(2) That the terms and conditions of supervisory treatment will
be adequate to protect the public and will benefit the defendant
by serving to correct any dependence on or use of controlled
substances which he may manifest; and
(3) The person has not previously received supervisory treatment
under section 27 of P.L. 1970, c. 226 (C. 24:21-27), N.J.S. 2C:43-12,
or the provisions of this chapter.
d. A person seeking conditional discharge pursuant to this
section shall pay to the court a fee of $75.00. The court shall
forward all money collected under this subsection to the treasurer
of the county in which the court is located. This money shall be
used to defray the cost of juror compensation within that county.
A person may apply for a waiver of this fee, by reason of poverty,
pursuant to the Rules Governing the Courts of the State of New
Jersey. Of the moneys collected under this subsection, $30.00 of
each fee shall be deposited in the temporary reserve fund created
by section 25 of P.L. 1993, c. 275. After December 31, 1994, the
$75.00 fee shall be paid to the court, for use by the State.
