The so-called Conditional Discharge Statute in New Jersey allows for a person who has never been convicted of a drug-related offense to obtain an order suspending the further prosecution of the offense, so as to allow the defendant an opportunity to successfully complete a probationary term.  If the term of probation is completed without event, the complaint will be dismissed. 

In order to obtain the benefit of the statute, a defendant must show that is his/her continued presence in the community or  a drug related program will not pose a danger to the community and that the conditions of the supervisory program will protect the public and benefit the defendant.

An Appellate Division decision has concluded that the statute can be available for an individual who has two separate arrests in close proximity to one another where the arrests can be subject to a  simultaneous disposition.  The core of the Court’s opinion related to the statutory language that speaks specifically about prior convictions and since the defendant in the case before the court had no prior convictions, the statute could be used for both arrests.