What is the Conditional Dismissal Program in New Jersey?
We’ll start with an example.
Let’s say that you get arrested & charged with simple assault.
You think you’ve got a good case.
You want to go to trial, but you really don’t want to take a risk because you don’t want to get a conviction.
With your clean record, you’re eligible for a Conditional Dismissal.
From your perspective, you don’t feel that what you did was a crime.
Very simply, you were defending yourself.
But you’re tired and you just want to be done with the whole situation.
Once you apply for a conditional dismissal, you enter into one-year probationary program.
At the end of one year, you walk away with a clean record.
Remember, this is not for Municipal Court Drug cases.
If you’re interested in getting your drug case dismissed, please read:
New Jersey Conditional Discharge
How Does The Conditional Dismissal Program Work?
If you’re charged with a Misdemeanor (Disorderly Persons Offense) in NJ Municipal Court, you may apply.
Let’s say that your tired of the whole situation & you want this to be over with.
You take responsibility & enter a guilty plea.
The judge accepts your plea and then puts you in this program for one year.
At the end of one year, it’s like it never happened.
Your record is clean.
Am I Eligible For Probation If I’m Found Guilty At Trial?
The other option you have is you can take your matter to trial.
This is a really cool thing.
Assuming the evidence against you is weak, and you have a good defense (self-defense), you can go to trial.
If at the end of trial, the judge finds you guilty, then you can still apply for the Conditional Dismissal.
We can still make application for the conditional dismissal, and you go on this probation for one year.
Once again, you walk away with a clean record.
Does It Matter If My Case Involves Domestic Violence?
Now there is one exception.
There’s one catch you need to know.
If your underlying criminal charge comes out of a domestic violence situation, you will not qualify.
Let’s say that you and your husband got into a heated argument and either he scratched you or you scratched him, or you slapped him or he slapped you, whatever.
Then, if it comes out of domestic violence, if it arises out of a domestic violence situation, you cannot use the conditional dismissal.
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The post Conditional Dismissal NJ <br> Avoid Jail & Keep Your Record Clean appeared first on Peyrouton Law.