Conditional Dismissal

Conditional Dismissal - Overview

A Conditional Dismissal is a way for you to avoid getting a criminal conviction. It is a form of probation for a disorderly persons offense. If yo u have been charged with an indictable offense, then you need to apply for Pretrial Intervention.

The conditional dismissal program requires that you have a clean record & have been arrested for a non-drug offense. Otherwise, you will not be eligible for this program.

Before we get into it, please know that there is another program in New Jersey called the Conditional Discharge Program. The “discharge” program is for drug charges.

If you have any questions after reading the information here, please contact us. We are Hackensack criminal lawyers serving Bergen County and North New Jersey.

Conditional Dismissal - How it Works

Let’s say that you’ve been arrested for either Simple Assault, Criminal Mischief, or Terroristic Threats.

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 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.

The chart below provides an overview of the conditional dismissal process.

Explainer Video

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 CDS offenses.

Important: Not All Charges Are Eligible for Conditional Dismissal

If your charges involve Domestic Violence, you are disqualified from this program.

If you are charged with any of the following crimes, you will be “disqualified” for this program.

Any crimes that:

Involves gang activity
Involves organized crime
Arises from a continuing criminal business or enterprise
Arises from an act against a public officer or employee, and involves a breach of the public trust
Involves “domestic violence”
Involves an offense against an elderly, disabled or minor person
Is an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotics, hallucinogenics or habit-producing drugs (DUI)
Involves a violation of animal cruelty laws
Alleges violation of a municipal ordinance

What Will Affect My Ability To Be Admitted?

The nature and circumstances of the offense
The facts surrounding the commission of the offense
Your motivation, age, character, and attitude
The desire of the complainant or victim to forego prosecution
The needs and interests of the victim and the community
The extent to which your offense constitutes part of a continuing pattern of anti-social behavior
Whether the offense is of an assaultive or violent nature, either in the act itself or in the possible injurious consequences of the act
Whether your participation will adversely affect the prosecution of codefendants
Whether diversion is consistent with the public interest

A conditional dismissal Will allow you to Avoid Getting A Criminal Conviction

The whole purpose of the Conditional Dismissal 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 conviction or violate a “no-contact” order.

How Long Is the conditional dismissal program?

The program typically lasts one year.
Assuming that you’ve complied with all conditions, your case will be dismissed at the end of one year.

What If I Violate The Conditional Dismissal Terms?

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.

Important Immigration Consequences

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.

Final Thoughts

Before you decide to go on probation, 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 dismissal program.

You will also save a lot of money on court costs & probation fees.

Most importantly, you won’t have to live under probation.

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.

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