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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
Agus A
23:53 14 Jun 22
Best lawyer in Jersey!! If you want to win a case, this is the best Man!!! Forever thankful to Alan and his dedication !
I know good
20:54 27 Apr 22
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Glenn Newmark
21:58 22 Mar 22
Alan is a consummate pro. I hired him to help represent me on a delicate personal matter. First of all his initial consultation was spot on. Second of all his fees were fair and resonable. Third of all - He was extremely responsive and responsible it’s clear that he actually cares about his work and the people he represents. Finally the positive results he obtained for me. speak for themselves.
Ana puello
15:59 21 Mar 22
Thank you so much for your help and fast work I highly recommend it
Mary Pierson
00:51 21 Mar 22
Alan Peyrouton is a excellent attorney. He was able to advise and to represent me wisely. I would refer him to anyone in need of counsel.
Brian Vargas
19:05 18 Mar 22
Alan is a very good attorney.
Mauricio Caceres
19:05 18 Mar 22
Let me start by saying that Alan and Kevin gave me my life back. I was been charged with different charges and facing over 15 years in jail.When i first walk into their office i was scared and uncertain of what my future was going to be but thanks to these two great men i got my life back. I explained my situation and how i was falsely accused and they could see that i was telling the true. They became more than a bodyguard on my behalf. They defended me like if i was their son or a relative. Expended extended hours on my case, any other lawyer would charge a very large amount of money.They did an awesome job and i have a personal appreciation for them.The outcome of my situation was incredibly. Didn't have to go to trial even though they were more than ready, no jail time, no probation or PTI. For my career it was awesome because i have a secret clearance and anything other than a small fine would jeopardize it.I would like to thank them and If you ever need a knowledge lawyer call them they are the best.Quiesiera empesar por decir que Alan y Kevin me devolvieron mi vida. Estaba en la situation que podia ver unos 15 años en la carcel.La primera vez que entre a su officina yo tenia miedo e inseguro de lo que esperaba del futuro. Le explique mi situacion e inmediatamente se dieron cuenta que decia la verdad sobre las falsas acusaciones. En ese momento tomaron mi caso y se volvieron mas que mis guarda espalda. Pelearon por mi como si yo fuera su hijo o algun pariente. Trabajaron muchisimas horas que cualquier otro abogado me ubiera cobrado muchisimo. En este caso tenia un dos por uno. Le tengo un aprecio personal a los dos.Al final los resultados fueron sorpredientes. No tube ningun tipo de probacion o PTI. Para el trabajo que hago cualquier cargo que no sea una pequeña multa afectaria mi trabajo. Ademas tengo una segurida secreta y para aquirir ese tipo de suguridad es muy dificil.Le quiero dar las gracias a los dos y recomendarlos a cualquiera que tenga algun problema con la ley
Melissa d
00:29 06 Jan 22
Chung Lin
03:35 12 Nov 21
Alexandra Pena
01:03 22 Oct 21
From the very start of hiring Mr. Peyrouton to represent my son’s case in court, he reassured me that he and Samera would be available at any time if I had any questions or concerns along the way and he followed through on that. I am very satisfied with his services and the outcome of the case. He went above and beyond by also making sure there would be no legal long-term repercussions for my son. I appreciate his swift handling of the whole situation...I most definitely recommend Peyrouton Law!!
