The outcome in a criminal court proceeding is not always as simple as guilty or not guilty. In many cases, the attorney for a first-time, nonviolent offender can get charges dismissed, typically through a diversion program designed to help certain offenders avoid jail.
Diversion programs are designed to keep juveniles or adult offenders who have a mental illness or substance abuse problems out of jail and prison. A 2015 report by the Center for Prison Reform found that 56% of those incarcerated in state prisons had a mental health problem and 16% had a serious mental illness. Some 53% of offenders in state prisons and 68% of those in local jails needed substance abuse treatment.
New Jersey is one of the country’s leaders for its emphasis on providing diversion programs instead of jail for qualifying offenders. Upon completion of a diversion program, charges are typically dismissed. In many cases, the criminal record can be expunged. If you are facing nonviolent criminal charges for the first time in New Jersey, you may qualify for a diversion program. Criminal defense attorney Jason A. Volet, who has offices in Freehold and Neptune, NJ, can discuss your prospects for entering a diversion program during a free initial legal consultation. If you qualify, he can help you present your case to prosecutors.
What Are New Jersey’s Diversion Programs?
Pretrial diversion programs offer an alternative to prosecution for people facing criminal charges. Those who qualify may enter a program of supervision and medical/social services administered by the court system. Participants who complete the program will have the charges against them dismissed. Unsuccessful participants will face prosecution.
Diversion programs are an option typically available to first-time offenders charged with nonviolent offenses.
New Jersey’s diversion programs include:
- Pretrial Intervention (PTI). Participants in the PTI program must meet conditions set by the court, which may include random drug screening, performing community service, mental health and/or drug and alcohol evaluations, and compliance with treatment recommendations. Supervision may last for up to 36 months.
- Drug Court. The drug court program is intended to help defendants overcome alcohol and other drug dependencies while resolving related criminal charges. Drug court programs are rigorous, with tightly structured regimens of treatment and recovery work. Participants must agree to frequent drug testing and court appearances, complete a treatment program, and maintain their recovery through 12-step programs. Drug court participants can also obtain counseling and other assistance with job training, education, and health care. The program can be completed in five years.
- Veterans Diversion Program. Active and retired members of the military services who have been accused of nonviolent crimes and who have been diagnosed with mental illness, or who law enforcement, family members or friends say have exhibited symptoms of mental illness, are eligible for mental health and addiction services through the Veterans Diversionary Program. The prosecutor decides who can get into the program and how long the veteran stays in the program.
New Jersey also offers probation programs to certain first-time offenders, allowing them to have charges dismissed or a conviction set aside, or to avoid incarceration:
- Conditional Discharge Program. This is a three-year probation program for first-time offenders charged with or convicted of a drug or drug paraphernalia-related disorderly persons or petty disorderly persons offense. The court may require participants to enter a residential treatment program. Upon fulfillment of the conditions of supervisory treatment, the charges are dismissed and not recorded as a conviction.
Conditional Dismissal Program. This is a Municipal Court diversionary program for first-time offenders charged with certain petty disorderly persons or disorderly persons offenses. Participants must pay all restitution, court costs, and other mandatory assessments that would have been imposed had they been found guilty and sentenced on the charge. It is a 12-month program, which the court may extend for good cause. Upon entry into the program, a defendant’s guilty plea or conviction is set aside pending successful completion.- Deferred Disposition. This is probation for juvenile offenders (under age 18) charged with minor offenses. Deferred disposition allows a juvenile to have their record wiped clean if he or she successfully completes probation. The juvenile offender will be assigned a probation officer and a time period during which he or she must meet certain conditions, such as no drinking or smoking, meeting a curfew, and maintaining a clean record. If the original charge involved drinking or marijuana possession, alcohol or drug testing may be required during the deferral. A deferral may be for up to a year.
- Intensive Supervision Program (ISP) / Juvenile Intensive Supervision Program (JISP). The ISP allows defendants who would otherwise be sentenced to state prison to work their way back into the community under intensive supervision if they can demonstrate their willingness and ability to adhere to the program’s strict guidelines. The JISP is similar. The program requires offenders to present a plan of work or community service so their return to the community will result in a positive social adjustment and not jeopardize the public’s safety. It requires frequent meetings with a probation officer and drug testing; full-time employment or vocational training; community service; a strict curfew; drug, alcohol, and psychological counseling if necessary and mandatory payments toward court fines, fees, and penalties, and restitution.
While our first strategy for clients charged with a crime is to try to get the charges dismissed, often this is not possible. In these cases, the next approach is to determine whether a plea bargain can be reached allowing an individual to enter a diversion program instead of going to trial.
Contact A New Jersey Criminal Defense Lawyer
Let New Jersey criminal defense attorney Jason A. Volet review the specific charges you face and help you obtain the best possible outcome for your case. At The Law Office of Jason A. Volet, we have the knowledge, experience, and personal relationships required to get New Jersey prosecutors to listen and consider what justice truly demands for remorseful defendants. Contact our dedicated legal team at 732-491-8477 to discuss the specifics of your case today.
