Conditional Dismissal Attorney in New Jersey
What is a conditional dismissal? If you or a loved one has been charged with what seems like a relatively minor crime such as petty disorderly person’s offense for the first time, you should speak with our attorney about the option of pursuing a conditional dismissal. If you are a first-time offender who qualifies to participate in a conditional dismissal program, you may be able to complete probation monitoring for a year and then have the charges against you dismissed, with no conviction on your record.
- 1 What Is a Conditional Dismissal in New Jersey?
- 2 Who Is Eligible for Conditional Dismissal in NJ?
- 3 What Does the Court Consider in Determining Eligibility in New Jersey?
- 4 Who Is Not Eligible for a Conditional Dismissal?
- 5 Can You Avoid Paying Penalties and Fines with a Conditional Dismissal?
- 6 Will You Have a Record After a Conditional Dismissal?
- 7 Talk to Our Experienced NJ Conditional Dismissal Attorney About Your Case
What Is a Conditional Dismissal in New Jersey?
There are strict requirements to qualify for conditional dismissal, so you should speak with a knowledgeable NJ criminal defense attorney who understands the system and what to expect. At the Law Office of Jason A. Volet, our dedicated defense attorney is a former Monmouth County criminal prosecutor who has handled more than 2,000 criminal cases in his career. He brings an insider’s perspective to these types of cases, and he fights fiercely for the best outcome for his clients. We can help you with your conditional dismissal in NJ.
If you have been accused of a petty disorderly persons offense or a disorderly persons offense for the first time, talk to our skilled criminal defense attorney about your options. Contact us now for a free, confidential consultation.
Who Is Eligible for Conditional Dismissal in NJ?
Conditional dismissal is a type of diversionary program. (Other New Jersey diversionary programs include conditional discharge and Pre-Trial Intervention, also known as a PTI program.) Depending on the circumstances of your case, a conditional dismissal may be an option if you:
- Have been charged with a petty disorderly offense or disorderly persons offense (except under certain circumstances outlined below);
- Have not been previously convicted of any petty disorderly persons offense, disorderly persons offense, or crime under any federal or state laws; and
- Have not previously participated in conditional discharge, supervisory treatment, or conditional dismissal
After entering a guilty plea or being found guilty, a defendant may apply to the court for entry into the conditional dismissal program prior to the entry of a judgment of conviction. The defendant must give appropriate notice to the prosecutor of this plan and must submit to fingerprint identification procedures to allow time to verify the defendant’s criminal history.
At the Law Office of Jason A. Volet, we will explain all the requirements for applying for entry into the conditional dismissal program and negotiate with the prosecutor to get this option on the table if we believe it is the best option for you.
What Does the Court Consider in Determining Eligibility in New Jersey?
In addition to the basic eligibility criteria, the court may take into consideration a variety of factors when determining whether a defendant qualifies for conditional dismissal, including:
- The nature and circumstances of the offense
- The facts surrounding the commission of the offense
- The motivation, age, character and attitude of the defendant
- The desire of the complainant or victim to forego prosecution
- The needs and interests of the victim and the community
- The extent to which the defendant’s offense constitutes part of a continuing pattern of anti-social behavior
- Whether the offense is of an assaultive or violent nature, whether in the act itself or in the possible injurious consequences of such behavior
- Whether the applicant’s participation will adversely affect the prosecution of codefendants
- Whether diversion of the defendant from prosecution is consistent with the public interest
- Any other factors deemed relevant by the court
In addition, the court will take into consideration the municipal prosecutor’s recommendation. This means it is crucial that you have a knowledgeable defense attorney on your side who can keep an open line of communication with the prosecutor and argue all the circumstances of your case before the court.
It is very important in cases like this that your side of the story be heard. Let our attorney help you.
Who Is Not Eligible for a Conditional Dismissal?
There are certain offenses that make a person ineligible for conditional dismissal. This includes cases in which the person is accused of:
- Organized criminal or gang activity
- A continuing criminal business or enterprise
- A breach of the public trust by a public officer or employee
- Domestic violence
- An offense against an elderly, disabled or minor person
- An offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drugs
- A violation of animal cruelty laws
No matter what type of charge you are facing, you should not try to negotiate a deal on your own. The penalties for these offenses can be severe, and a conviction can forever haunt you. You should always talk to an experienced criminal defense attorney about your options.
Can You Avoid Paying Penalties and Fines with a Conditional Dismissal?
Although a conditional dismissal may allow you to avoid jail time and the cloud of a criminal conviction on your record, it does not allow you to avoid the fines and fees associated with a conviction. You will still be responsible for paying these penalties, in addition to a $75 application fee for the program.
However, in the long run, these financial penalties are a small price to pay to keep a criminal conviction off your record.
Will You Have a Record After a Conditional Dismissal?
Although you will not have a criminal conviction record after completing a conditional dismissal program, you will still have an arrest record. However, you can pursue expungement of the arrest record later to wipe your slate clean.
Talk to Our Experienced NJ Conditional Dismissal Attorney About Your Case
Deciding to apply for a conditional dismissal may not be the right move for everyone. It is important to have an experienced attorney evaluate your case to advise you on all your legal options for moving forward. At The Law Offices of Jason A. Volet, our aggressive defense attorney will listen to your side of the story and craft a strong strategy for combating the criminal charges against you.
Our highly respected New Jersey criminal defense law firm believes in every person’s right to be presumed innocent. We believe that prosecutors should always face an uphill battle in proving their case against our clients. That’s why our legal team fights tooth and nail on every case we take. We understand that your freedom, your finances, and your future are on the line. So our team will do everything we can to fight the criminal charges you’re facing.
Schedule a free, no-obligation case evaluation today by calling or filling out our online contact form. Our knowledgeable New Jersey disorderly persons defense lawyer is committed to standing up for the rights of residents of Freehold, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Asbury Park, and throughout Monmouth County.