Let’s say that you’ve been arrested for Simple Assault.
The allegation is that you slapped someone.
Simple Assault is a misdemeanor (disorderly persons) charge in New Jersey and these cases are heard in Municipal Court.
If you have a clean record & the case against is strong, you may choose to go into the Conditional Dismissal program.
The reason for doing this is to keep your record clean.
Since the case against you is strong, you may believe that the judge will find you guilty if it goes to trial.
This “dismissal” 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.
To be eligible for the Conditional Dismissal 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.
To repeat once more, your charge cannot involve drugs.
Remember, there’s a different program called Conditional Discharge & it’s for drugs.
The whole purpose of the Conditional Dismissal program is for you to NOT get 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 conviction or violate a “no-contact” order.
The program lasts one year.
Assuming that you’ve complied with all conditions, your case will be dismissed at the end of one year.
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.
If you are not a United States and have heard about the Conditional Dismissal 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.