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Conditional Discharge

Conditional Discharge NJ

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

Peyrouton Law
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Greg Mick
Greg Mick
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Alan is truly a great attorney and a great man, he helped me with things I didn’t think could be fixable.
Jaisonnah M
Jaisonnah M
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I had a difficult case but Alan was able to get it settled and dismissed at a reasonable price.
Cathy Denis
Cathy Denis
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I would highly recommend Alan. He was very thorough and compassionate.
Greg Denis
Greg Denis
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I hired peyrouton law to represent me in three cases I had recently alen helped me through the hole thing he was there for me every time I called and explained what was going and what he was doing I wouldhighly recommend him he was the best attorney I have ever had
Aaron McCormick
Aaron McCormick
1704902656
I want to Personally Thank Alan at Peyrouton Lawfirm, LLC for his Professionalism, and Dedication in representing me. Not being from NJ, I’m So Glad I chose this Lawfirm to represent me in my Criminal Case. He was thorough from Start to Finish and the case was Dismissed. Thanks Again Alan at Peyrouton Lawfirm, LLC!!!
Sergio Herrera
Sergio Herrera
1704212772
I was in a dire situation and needed rapid legal aid. Alan managed to help me get my case dismissed and I can move on with my life. He is a great attorney, reasonable prices, ethical, and not afraid to be straightforward with you about your legal manners. I strongly recommend to hire him. I’ve looked up to him since I met him. Alan is fair and understanding and very professional. He’s a really good lawyer !! He has a cool office by the way!
Cynthia Faustin
Cynthia Faustin
1702915557
I encountered Alan when my back was against the wall. So many other lawyers were charging me an arm and a leg and I just could not afford it. Then Alan came in and helped me out tremendously. He was the first lawyer that I felt ACTUALLY listened to me and had my best interests in mind. From our very first conversation, I felt at ease. He and I were able to compromise on a payment and I felt very certain that I had found the right lawyer. Alan was able to get my charges dismissed and I will forever be grateful to him for his hard work. Thank you, thank you, and THANK YOU! God Bless you Alan!
Svitlana Kosturko
Svitlana Kosturko
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Peyrouton law is a great company to seek a responsible and helpful professional assistance. The results and outcomes were positive on my end due to Peyrouton Law firm. I recommend others to be refered and seek help with this Firm, all the information and feedback based my personal recent experience.
Yang L
Yang L
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I highly recommend Alan to anyone seeking a lawyer who is not only a legal expert but also a compassionate ally in the pursuit of justice. His dedication, professionalism, and extensive experience set him apart as a true advocate for those navigating the challenging waters of domestic violence cases. Thank you, Alan, for your exceptional service and unwavering commitment to justice.
Tim Kosturko
Tim Kosturko
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Allen took care of our legal issue professionally and quickly. Moreover, he is a decent man. Highly recommend him.
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