Have you been charged with a disorderly persons offense in the New Jersey Municipal Courts? If so, you may qualify for new conditional dismissal program. Entry into and successful completion of this program will lead to a dismissal of your criminal charges.
Requirements for the program are that (1) you have not been previously convicted of any petty
disorderly persons offense, disorderly persons offense or crime and (2) you have not
previously participated in the conditional discharge, conditional dismissal, or PTI
programs. Certain offenses are ineligible to be considered for the conditional dismissal program, such as offenses involving domestic violence or driving under the influence of alcohol. Municipal Court drug offenses are also excluded, as they are eligible for diversion under the conditional discharge statute.
If you meet the statutory eligibility criteria set forth above, the court considers a variety of factors to determine whether you should be permitted to participate in the program. These include such items such as the nature of the offense, your background, and the interests of the victim and the public. The experienced New Jersey criminal defense attorneys of Schwartz & Posnock will assist you in preparing a persuasive package detailing your suitability for a conditional dismissal.
After considering your criminal history, the eligibility criteria and the prosecutor’s recommendation, the Municipal Court judge may approve your participation in the program. In order to participate, you must enter a plea of guilty or be found guilty after trial. If approved for the conditional dismissal program, you will be placed under a probation “monitoring”
status for one year. The court may impose financial obligations, such as restitution, and other terms and conditions. The law also provides that the court, based on the nature of the offense and the character of the defendant, may impose an assessment which can be no greater than a fine which would have been imposed in the event of a conviction.
If you participate in the conditional dismissal and are, during the period of probation, convicted of any petty disorderly persons offense, disorderly persons offense or crime, or otherwise fail to comply with the terms imposed by the Municipal Court, the judge can enter a judgment of conviction and any fines or penalties allowed by law.
If you successfully complete the conditional dismissal, the court will dismiss the charges against you. A conditional dismissal is not deemed a conviction. You can apply to expunge your record 6 months after the dismissal of your charges.
For individuals who are facing prosecution in the New Jersey Municipal Courts, it is critical to have an experienced New Jersey criminal defense attorney represent you. The experienced criminal defense lawyers of Schwartz & Posnock appear in the Municipal Courts throughout New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment.