Am I Eligible for a Diversionary Program in NJ?

New Jersey offers a number of programs designed to help certain qualifying criminal defendants avoid a costly and potentially life-altering criminal conviction. These programs are broadly referred to as diversionary programs. If you have been charged with a crime in New Jersey, you should know about all of your legal options, especially those that may result in your charges being dismissed. This article explores a few of New Jersey’s most widely-used diversionary programs, their eligibility requirements, and a few common charges that may be resolved by getting into a program like conditional discharge, Pre-Trial Intervention (PTI), or the veteran’s diversion program. A New Jersey criminal defense attorney at our firm can provide you with particularized guidance about your eligibility based on your criminal history and the facts of your case. Contact our local office in Jersey City at (201) 793-8018 to speak with a lawyer who can help free of charge.

What Is the Veterans Diversion Program?

The Veterans Diversion Program (VDP) was created by the New Jersey Legislature in 2017 so that military service members and veterans charged with certain criminal offenses would be able to get treatment for post-traumatic stress disorder (PTSD), traumatic brain injuries (TBI), alcohol or drug abuse issues, or other psychological or mental health disorders that are common to people who serve in the military. Moreover, since the treatment afforded by the VDP is offered at an early stage of the criminal justice process, there is a greater likelihood of success.

How the Veterans Diversion Program Works

When a person is charged with a crime, they usually go through the traditional criminal justice system and eventually have their case resolved during pre-trial proceedings or scheduled for trial in the Superior Court located in the county where they allegedly committed the offense, or in the Municipal Court located in the city or town where they allegedly committed the offense. Assuming no plea deal is reached with the prosecution, the trial goes on as planned and a jury ultimately decides whether the defendant is guilty. A guilty verdict at trial can result in the defendant being sentenced to prison time, fines, and more, depending on the nature of the offense and the degree of the charges.

What makes the Veterans Diversion Program so beneficial to the defendants who qualify is that their case is diverted from the standard legal system to an alternative sentencing program. Instead of facing a punitive outcome that often includes lengthy incarceration and heavy financial penalties, a defendant admitted into the VDP is able to stay out of jail as long as they meet the program requirements. In this way, the VDP is similar to Pre-Trial Intervention (PTI) and Drug Court, which are other diversionary programs available to eligible defendants in particular contexts. Unlike some programs like conditional discharge and PTI, however, the VDP is not limited to first-time offenders; a person can have multiple charges diverted into the VDP over the course of their life, if necessary.

Eligibility for the Veterans Diversion Program

Ultimately, the prosecutor’s office will determine whether the defendant is eligible for the Veterans Diversion Program. N.J.S.A. 2C:43-26 of the New Jersey Criminal Code sets forth the requirements for entrance into the VDP, as well as what may be required for successful completion of the program. The statute also stipulates who is eligible for admission into the program.

• Military Service member: In order to qualify for admission into the VDP, a defendant must be either a current or former service member in the military. This means active military and retired military, and it includes the National Guard.
• Mental Health Issue: Another requirement for admission into the VDP is that the military member has a qualifying mental condition that would benefit from psychological treatment or counseling. A determination about whether rehabilitative treatment is appropriate for the defendant is determined by the county prosecutor’s office before the case is diverted to the VDP. The prosecutor’s office will typically rely on the definition of “mental disorder” provided by the American Psychiatric Association, which includes cognitive disorders, anxiety disorders, depression, and post-traumatic stress disorder (PTSD).
• Degree of Criminal Charge: Not all criminal charges are covered by the VDP. If the defendant has been charged with a first degree or second degree felony, they cannot apply for admission into the VDP. That’s because only third and fourth degree crimes handled at the Superior Court level, and disorderly persons offenses and petty disorderly persons handled at the Municipal Court level, are eligible for this program.
• Type of Offense: Regardless of the degree of the criminal charge, a crime involving violence is not covered by the VDP. This means that if the defendant has been charged with third or fourth degree aggravated assault, they cannot gain admission into the VDP.

Conditional Discharge: For First-Time Drug Offenders

First-time drug offenders who are facing a disorderly persons offense or petty disorderly persons offense in a New Jersey municipal court may be eligible for a diversionary program known as the Conditional Discharge Program. Only first-time drug offenders who have not previously taken advantage of a diversionary program and are currently facing disorderly persons charges are eligible for the Conditional Discharge Program. Individuals who take advantage of the Conditional Discharge Program have often been charged with possession of less than 50 grams of marijuana or possession of drug paraphernalia.

If you gain admission into the Conditional Discharge Program, you will be placed on a term of probation, which is typically one to three years. Once you successfully finish the program by completing all required conditions of probation (ie. random drug testing), the charges originally filed against you will be dismissed. This means that you will not have a criminal conviction on your permanent record if you complete the Conditional Discharge Program.

How Do I Get Into the Pretrial Intervention (PTI) Program?

Pre-Trial Intervention (or PTI for short), is a separate diversionary program that is available to certain offenders in New Jersey. Similarly to the Conditional Discharge Program, PTI allows qualifying individuals to walk away from criminal charges without a conviction on their criminal record if they complete a court-ordered term of PTI probation and satisfy all the requirements of that probation.

Two statutes, NJ Court Rule 3:28 and N.J.S.A. 2C:43-12, set forth the requirements for the PTI program. First-time adult offenders who have been charged with third or fourth degree crimes may be eligible for PTI. To qualify for the program, you must not have an existing conviction on your record or have been on parole, probation, or subject to incarceration within the five years prior to your arrest on the charge for which you are seeking PTI. Notably, you may only take advantage of the PTI program once in your life. You do not qualify for the Pre-Trial Intervention Program if you have taken advantage of another diversionary program in your lifetime.

People charged with serious third and fourth degree indictable crimes, who have never been convicted of a crime before and have not used PTI or conditional discharge in the past, are often great candidates for Pre-Trial Intervention. Some of the most charges that may have PTI as an option include:

• Heroin possession
• Possession of cocaine
• Intent to distribute marijuana
• Forgery
• Prescription drug charges; and
• Third or fourth degree theft crimes

If you are seeking admission into PTI, you must apply for the program through the county criminal division office within 28 days of a prosecutor filing charges against you.

Is There a Program for Veterans Charged With Crimes in NJ?

According to the New Jersey Department of Military and Veterans Affairs, certain veterans who are charged with non-violent third and fourth degree indictable crimes, and who suffer from a mental health condition like PTSD, may be eligible for a Veterans Diversion Program. This is a relatively new diversionary program, explained in New Jersey statute N.J.S.A. 2C:43-22. This program typically requires the veteran to submit to a court-ordered, structured, and rehabilitative treatment plan supervised by the court, often provided by the VA. If a veteran completes the terms and conditions of this treatment program, they may be eligible to have the charges that were originally filed against them dismissed. A prosecutor must typically approve a particular veteran’s admission to the Veteran’s Diversion Program.

Contact Local Jersey City Attorneys for Help Getting Into a Program for Your Criminal Case

If you have been arrested in Hudson County or elsewhere in New Jersey and want to know if you can use a diversionary program to get your charges dismissed, contact us today at (201) 793-8018. Our skilled team of criminal defense lawyers has helped countless clients get into conditional discharge, PTI, and other programs to avoid a conviction. From our local offices in Jersey City, we represent clients throughout the area, including in Hoboken, Kearny, Harrison, Bayonne, North Bergen, and Weehawken. Call now to speak with a criminal defense attorney who can tell you more about your likelihood of acceptance into one of these programs based on the particular facts of your case.