- 201-766-4800
- 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
Bank Sinatra
23:07 15 Oct 20
Not going to get into detailBut I spoke to a femaleBy the name of SameraWho really helped me see things clearer& Understand my rightsSo I could weigh my optionsAlan came in & he's what I call no nenseStraight down to businessNot Guilty when it's finishedJust wanted to publicly sayThey're the best that I've witnessedThis my 1st reviewNot somethin I'd typically doBut other ppl in my shoes would've plead out to 2Paid double the fees & the retainerSalute to them I'm not a detainerAnd I'm home wit my family rappin for strangers lol
Matthew Jenner
21:28 14 Oct 20
Alan and his team were professional and competent. Alan was always available to offer advice and answer any questions I had. I will recommend Peyrouton Law to friends and family in the future.
Lissette Guzman
18:15 14 Oct 20
One word for this firm OUTSTANDING!!
Ronald Yee
00:27 06 Oct 20
Outstanding is the only word that not even comes close to both Mr. Alan Peyrouton, Esq. and Office Manager/Paralegal Ms. Samera Cerva!Although the infraction could have been not only a fine plus incarceration,Mr. Alan negotiated to a fine and settlement of one- half of what was listed as the usual cash amount. Indeed, this law firm gave constant "Personal Touch," and for which there are no words in the English language which can properly convey my thoughts of appreciation.Whenever there was a question and doubt about anything, this law firm answered every question. No additional charges were attached with any telephone call and/or E-mail sent!Advice was also given how to EXPUNGE this legal issue and will continue with the Peyrouton Law Firm until records removal.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Professionalism, Etc. All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.
Rock'd
19:42 19 Aug 20
For many like myself, finding a good lawyer is a must. I was caught in a situation I shouldn't have been in, and Alan was recommended to me through a friend. I'm forever grateful to have found Alan, because most lawyers wont fight tooth and nail to make sure you get the best deal or outcome. Alan was more than patient with me and assured me he would do all he can, and he exceeded my expectations. Thank you Alan!
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22:04 03 Aug 20
알란 변호사를 만나게 된것은인생의 최고의 행운이었습니다. 아주 프로페셔날하고 빠른 일처리로 최고의 만족스러운 결과를 만들어준 알란에게 큰 감사를 드립니다.좀더 많은 한국분들이 도움을 받았으면 좋겠네요.형사전문과 더불어 이민법과 연결해서 최상의 결과를 만들어 줍니다.I was really lucky to find Alan. At first call, I trust him while we talk about my case. He made best result in my case. Alan is the best criminal lawyer in New Jersey. Thank you Alan and his team(specially Samera).Thank you again in my whole life.this is another thank you to alan(from my email)Dear Alan,I couldn't say thank you enough this morning. Now I realized how big of an issue it was.I believed you and trusted you when I was in NJ so I never doubted that I would possibly go to jail.Thank you for everything. There will be more to go but thank you again.I am holding my tears back until my hubby comes back home.See you soon!Michelle😍😭
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Dom O
00:36 01 Aug 20
I’m very grateful for all the hard work and effort Peyrouton Law put fourth in my case! Alan is a lawyer who cares and strives to get the best outcome for all of his clients ! He’s like a dog with a bone, he never gives up on you !During the most stressful time in my life they were there for me, fighting for me all the way. Texts to see how me and my family and to keep me informed of all overwhelming court business. I know if I didn’t have Peyrouton Law on my side I wouldn’t have found a better lawyer to help with everything like they did. Anyone who needs a help, compassion at more than reasonable law fees, you couldn’t find a better lawyer !!
Jerry Rivera
02:18 29 Jul 20
Very professional ! Since I called they were very helpful and help me with the case right away , very sincere law firm , when they are talking about the case you feel like they are part of you family and want the best for you , always tells you the truth. I recommend them 100%
ceci Liu
01:43 25 Jul 20
they are very professional and very helpful team. I got traffic ticket and to be able to reduce to 0 point and affordable fine. It was during covid time and Samera helps me a lot through phone calls and emails. Samera is very responsive and easy to approach. Alan is great and friendly. truly appreciate for all the help and patience.