Conditional Dismissal

Lawrenceville NJ Conditional Dismissal Attorneys

The conditional dismissal program affords a first-time offender charged with a non-drug-related disorderly persons offense to avoid prosecution. Admission and completion of conditional dismissal allows an individual to avoid a criminal record and penalties for shoplifting, simple assault, lewdness or another disorderly person or petty disorderly persons offense. If you have been charged with such an offense in Lawrenceville, Hamilton, Ewing, Princeton or West Windsor, a knowledgeable criminal lawyer can be invaluable in establishing eligibility for a conditional dismissal. The Law Offices of Jonathan F. Marshall can offer a team of defense attorneys that have over a century of combined experience with several members who are former prosecutors. You are invited to contact our Lawrenceville Office or another one of our locations for a free consultation with an attorney at the firm. Lawyers are available to assist you immediately anytime 24/7.

Conditional Dismissal Program in Mercer County New Jersey

A conditional dismissal can provide significant benefit to an individual who has been charged with a criminal offense in municipal court. An individual must comply, however, with strict eligibility guidelines in order to participate in the program. There are also stringent requirements that must be met to successfully complete a period of conditional dismissal probation. The headings below outline the more important details of conditional dismissal.

What is a Conditional Dismissal?

The law regarding a Conditional Dismissal is found at N.J.S.A. 2C:43-13. Conditional Dismissal is a program that allows first-time offenders charged with non-drug-related disorderly persons or petty disorderly persons offenses the opportunity to complete certain conditions in order to avoid a trial, conviction, and a criminal record. In short, it is an opportunity for a first-time offender to keep his or her criminal record clean.

Who is Eligible for a Conditional Dismissal?

There are certain requirements that make someone eligible for the program, they are:

First-Time Offender

The person has never been convicted of any crime in the past.

Never Used Diversion Program Before

The person has never participated in a program for first-time offenders, such as Pretrial Intervention, Conditional Discharge, or Conditional Dismissal.

Charge Diverted is a Disorderly Persons Offense

The person must be charged with a non-drug-related disorderly persons offense, or petty disorderly persons offense. (Please note: there are some types of offenses that may make someone ineligible, including offenses involving organized crime or gang activity, a criminal enterprise, a public official’s breach of public trust or domestic violence. An attorney can assist with all eligibility requirements).

Do Eligible People Automatically Enter Into a Conditional Dismissal?

No. The court has discretion on who enters the program. If a person meets the criteria above, the court will then consider certain factors to determine whether someone is appropriate for a Conditional Dismissal. Some of those factors include the nature and circumstances of the offense; the motivation, age, character, and attitude of the defendant; the victim’s wishes; and whether the offense was of a violent nature or demonstrates a pattern of anti-social behavior.

What is the Conditional Dismissal Procedure?

If someone is admitted into the Conditional Dismissal program, an agreement is made between the defendant and the prosecutor. That agreement lays out the terms and duration of a probationary period that the defendant must complete. Such terms could include taking a class, or attending therapy sessions. The charges against the defendant are suspended during that probationary period, which cannot last longer than 3 years.

What Happens if a Person Completes all Terms of the Conditional Dismissal?

If at the end of the probationary period, a person has successfully completed all terms and conditions in the agreement, the charges against him will be dismissed. The person will have no criminal conviction or criminal record.

What Happens if Conditional Dismissal Terms are not Met?

If someone is not successful in completing all the terms and conditions of the probationary period, then the case will resume and could lead to a conviction and criminal record.

Hamilton NJ Conditional Dismissal Lawyer

The Conditional Dismissal opportunity for first-time offenders is a welcome addition to the New Jersey law. It reflects an understanding that we all make mistakes in our lives and should get a chance to redeem ourselves if we slip up. If you have been charged with a disorderly persons offense in Hamilton NJ or another area municipality, including Trenton, Pennington, East Windsor, Hopewell Township or Robbinsville, you need to enlist a skilled lawyer so that you have the best shot at getting into the Conditional Dismissal program. The attorneys on our staff have decades of experience helping clients obtain admission and obtain a conditional dismissal of their charges. You are encouraged to call our Hamilton Office or another location to speak to an attorney immediately. A free consultation with one of our lawyers is available now.