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- 200 Passaic St. Hackensack, NJ 07601
Conditional Discharge - Overview
A Conditional Discharge is a way for you to avoid getting a criminal conviction.
This program is designed for CDS cases.
If you have a clean record & have been arrested for a minor drug offense, you may be eligible for this program.
Before we get into it, please know that there is another program in New Jersey called the Conditional Dismissal Program.
The “dismissal” program is for non-drug related charges.
Now that we’ve cleared this up, let’s break it down.
Conditional Discharge - Eligibilty
To be eligible for the Conditional Discharge program, you need to have a clean record. This means that you have no prior convictions. It doesn’t matter if you’ve been arrested. You just can’t have any convictions.
Next, you must never have received any other type of probation.
Even if you used a probationary program in another state, you will not be eligible for this program.
Conditional Discharge - How Does It Work?
Let’s say that you’ve been arrested for misdemeanor Marijuana Possession.
Typically, these cases are treated as misdemeanors (disorderly persons offenses) and tried in New Jersey Municipal Courts.
If you have a clean record & the case against is strong, you may choose to go into the Conditional Discharge program.
The reason for doing this is to keep your record clean.
This diversionary program is a quick fix to putting an end to the whole nightmare.
However, just like the name of the program suggests, there are certain “conditions” that you have to fulfill.
The chart below provides an overview of the conditional dismissal process.
Conditional Discharge - Ineligibility
If you were arrested for a lot of “weight”, this program will not work.
Drug distribution charges are indictable offenses (felony charges) in New Jersey and fall outside the conditional discharge program.
Through the plea bargaining process a good criminal defense attorney can get a 4th-degree drug possession amended to a misdemeanor.
If this happens, your case will be out of “felony danger” and your matter will be sent to the lower municipal court.
Conditional Discharge & Other Options
If you were subject to an illegal search, you may be able to get your drug charges dismissed. All CDS charges should be challenged on Constitutional grounds. If you are not eligible for a conditional discharge, these are your options:
Plead Guilty
You will have to admit what you did under oath. This option will leave you with a criminal conviction. It will stay on your record for 5 years before it can be expunged. And it will show up a background check.
Plead Guilty to a Downgraded Charge
This is one aspect of plea bargaining. Instead of admitting that you were in possession of CDS, we will work out a deal with the prosecutor where you plea guilty to a lesser offense.
Go To Trial & Get Acquitted
This means that the Municipal court judge listened to all of the evidence & decided that you are not guilty of CDS possession.
Go To Trial & Get Convicted
This means that the judge listened to all of the evidence & decided that you are guilty of CDS possession.
Conditional Discharge Keeps your record clean
The whole purpose of the Conditional Discharge program is for you to “avoid getting a conviction”.
If you get into the program after you plead guilty or are found guilty, you will not get a conviction on your record.
Of course, you have to pay all fines and comply with the conditions of your program.
For example, you can not get another arrest or conviction during your probationary term.
In addition, you cannot fail any drug tests. If you do, you will be kicked out of the program.
Conditional Discharge Duration
The program can last from 6 months to 3 years.
Assuming that you’ve complied with all conditions, your case will be dismissed at the end of your probationary.
If you cannot complete this program, you will get a conviction on your record.
When an employer performs a background check, your disorderly person arrest & criminal record will appear.
Conditional Discharge Violations
If you are convicted of a new offense or violate any term and condition imposed by the court, the judge can enter a judgment of conviction against you.
In other words, you wasted your one and only opportunity to keep your record clean.
When our clients are struggling to successfully complete this program, we do everything we can to reapply them into the program.
It’s not easy, but we file a motion with the court requesting a second chance.
Conditional Discharge & Immigration Consequences
If you are not a United States citizen and have heard about the Conditional Discharge program, it is important to consult with an immigration attorney.
We offer immigration services at our firm.
The problem for Non-U.S. Citizens is that your “guilty plea” may serve as the basis for your deportation.
It does not matter that the case will ultimately be dismissed.
Just call us and we will help you.
Final Thoughts
Before you decide to take the conditional discharge program, meet with us to see if your case is strong.
You may a very strong case that we can get dismissed so that you never have to apply for the conditional discharge program.
You will also save a lot of money on court costs & probation fees.
Lastly, if we win your case, then you do not have to worry about getting drug tested and violating your probation.
Give us a call, we’re here to help.
Our Experience
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
How We Can Help
Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
Our Practice Areas
Below, you will find a few of our practice areas.
Areas We Serve
Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
Get Help With Your Case
How Do Your Free Consultations Work?
There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.
The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.
We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars.
When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.
What our clients say about us
Edie Nolan
21:52 18 Apr 20
The office of Peyrouton Law Helped my family so much, I can't put it into words how much. The day we walked into the office we explained our situation to Alan and his associates and they took on our situation like we were family.
Edward Estupinan
18:04 09 Mar 20
The Peyrouton Law firm is the place to go to if you need great representation. Extremely knowledgeable, honest and prompt. Alan and Kevin got our family through a very difficult and emotional matter quickly and with ease. The office was highly professional, responsive and compassionate. They kept us informed and advised us wisely throughout the entire process. I highly recommend this firm. Karen & Ed E.
traviscp longendyke
15:41 04 Feb 20
Hey, this is Travis. Hope all is well with you guys. I just wanted to reach out and truly thank you guys for everything you did for me and my family and also believing in me at a point when I barely believed in myself. I am off the "conditional probation", and everything is over with. We have our three little beautiful girls (which The youngest just turned one a few days ago), we both have amazing jobs where we are very blessed to be making what we are making for our family, and we are in the process and about to go into contract with buying our first home (a BEAUTIFUL 400,000 dollar home).... Lizzy and myself just wanted to truly thank you guys for believing in me and doing everything you could so I can be in this amazing spot in life that my family is in. I owe a lot of this to you guys and I hope you know what you do does not go unappreciated and you guys are making a huge impact and you guys are a huge help on certain people's lives. This above was a text message that I just sent to Alan and Kevin. For anyone who is looking for AMAZING people to represent you, that will literally do anything and everything they can for you to receive the best outcome, then these are the people you want, I PROMISE you that. They literally made miracles happen on my multiple cases. Alan from day one made me promise him that I would do everything I could to better my life. I did that and in return I received the most amazing lawyers who went above and beyond for me and my family. I couldn’t of created a better pair of lawyers to represent me. If anyone is looking for great results on your case please give Alan and Kevin a shot and I promise you (because I owe a lot of my success right now to these men) that you will not be disappointed and they will do everything they can for you.
Jose Nose
22:17 03 Feb 20
Alan and Kevin helped me avoid prison on huge drug charges. Then, they beat my DUI case. They’re the perfect combination of aggressive and humble lawyers. Fees are very reasonable and they really cared about me. I totally recommend. My lawyers for life.
Geraldino Fils
00:32 01 Feb 20
Omar Newell
18:07 23 Jan 20
MY LAWYERS FOR LIFE!!!!!Alan and Kevin are the Best!!!!!!Most genuine lawyers I’ve ever met...they were very detailed and kept me informed about the process every step of the way... These guys have a genuine passion for law and will work endlessly to ensure a favorable outcome... they treat you like family which is what everyone needs when faced with a situation...
Erico Pilates
03:18 16 Jan 20
Thank you Dr Peyrouton for your professional advice on my closing issue and for helping me with my litigation case. I am super grateful for a speedy successful outcome on this process.
njfirearms
05:03 01 Jan 20
Alan and his team have worked magic on cases and are the easiest to work with of the attorney's I know. I am impressed by how they get things done and their success with cases large and small. Always the first call I make when either I or my clients need counsel.
yuksel
19:59 19 Dec 19
I was arrested for a 3rd-degree felony case. I spent 5 hours searching for a good NJ criminal defense lawyer online. Every lawyer I called was in a rush and demanded a lot of money. I didn't like how many of these lawyers talked to me either.When I discovered Peyrouton Law, I checked their reviews. Every review was perfect and I was skeptical. Nobody can be so perfect.I talked to Alan on the phone and made a free appointment to come in and see him.Alan and Kevin explained everything to me very clearly. They answered all of my questions patiently. I never felt rushed.Because of my special circumstances, they took my case for an extremely reasonable flat fee. Honestly, they treated me like a brother.Within a few weeks, they were able to get my felony case downgraded to a misdemeanor.Long story short, I ended up paying a small fine for a municipal ordinance.As a client, I only had to go to court only three times.Even though my case is over, I will continue to keep in contact with Alan and Kevin.I consider them excellent people and they've become trusted friends.If any of my friends or family members ever need a lawyer, I will just grab them by the hand and take them to see Alan and Kevin.You know, when I got arrested, I was humiliated, lost my vacation time, and lost a lot of sleep but the best part of this whole thing is that I made two great friends for life...
Brian Galbraith
23:43 12 Dec 19
Alan and Kevin were the first attorneys I've ever needed for any criminal matter in my life. I was speaking with other potential attorneys for my hire and they were all very nasty and and in a hurry. upon hiring Allen he appointed Kevin Brown to my case. Kevin always listened to everything I had to say, took every detail into account and given that I work for a government agency he saved my career from going into the gutter. I had a felony dropped down to a disorderly persons offense and drop down finally to a municipal ordinance charge which leaves me with no criminal record. I could not thank either of you enough and I don't think that the retainer fee was even enough. Alan and Kevin both saved me and I am forever grateful. if you want good results and honest advice with a touch of hospitality and great customer service hire them now, get their business card and keep it in your wallet just in case. Five stars well-deserved.