If you fail to satisfy the program conditions, the case will be restored on the court's calendar and then you will need your lawyer's phone number again. After the year's probation period, you will not have a criminal record
How the case will proceed largely depends on the prosecutor. The prosecutor may agree to downgrade your case as a disorderly persons offense and it would proceed in Municipal Court and would be eligible for Conditional Discharge. Otherwise, the case will go to the county court where you will be charged with a Fourth Degree Offense but may qualify for PTI.
Even with the existing first-timers diversion programs, traditional defense methods may be used such as evidence suppression under Search and Seizure laws. As simple as it may seem, a New Jersey marijuana possession charge may be gone for good or it may stick to you for a long time. The bottom line is, don't try it yourself. You will need a good New Jersey marijuana defense lawyer who will walk you through the process.
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