Conditional Dismissal Program Attorneys in Holmdel, NJ

New Jersey passed a law defining the Conditional Dismissal Program (Section 2C:36A-1) for those convicted of petty disorderly persons or disorderly persons offenses, providing an alternative to jail and a criminal conviction. This program was adapted to allow defendants who qualify to avoid a criminal conviction, which could encumber their ability to work in specific fields, obtain financing for a house or car, or rent an apartment, among others. When someone is admitted into the program, which is only available in Municipal Court, they must comply with certain requirements for the duration of their probationary term. Once completed, the charges will be dismissed, leaving the offender with no conviction on their criminal record.

A Closer Look at the New Jersey Conditional Dismissal Program

The Conditional Dismissal Program is only available in municipal court and is reserved for first-time offenders.  Those who have not been convicted of any petty disorderly persons offenses, disorderly persons offenses, or crimes may be eligible.  People who participated in the program before or any other diversionary program, such as Pre-Trial Intervention (PTI) or Conditional Discharge, are ineligible. Domestic violence charges are not included in the program.  Any gang-related crimes are not included.  Any involvement with organized crime is excluded.  Animal cruelty, hurting the elderly, and crimes against the disabled are also excluded.  Crimes against minors are not allowed as part of the program. Moreover, the program excludes any breach of public trust. It does not apply to drug-related offenses. It also excludes DUI/DWI charges.

Important Considerations Before the Court Admits Conditional Dismissal Applicants in NJ

There are several factors the court reviews in its decision to admit an applicant.  They examine the nature of the offense and its circumstances and whether the defendant is a repeat offender.  The candidate’s acceptance also relies on the victim’s decision to forego prosecution.  Any violence or harmful consequences committed by the defendant in the commission of their crime could result in their application being denied.  The prosecution’s opinion regarding the acceptance or denial of the defendant is also key. The review process ensures that the public will benefit from an applicant’s entry into the program to ensure their commitment to justice and public safety.

Typical Conditions while Enrolled in the NJ Conditional Dismissal Program

The program usually lasts one year. When the defendant pleads guilty, the sentence and conviction are set aside until the program is completed. Program participants are assigned an officer from the county probation office and are required to meet with them regularly. Standard requirements include community service, random drug testing, employment, and mental health support such as anger management, theft prevention, and mental health counseling. Fines, fees, and restitution assigned by the court must be paid.

Program participants are prohibited from catching new charges or being arrested for new offenses.  Failure to adhere to the conditions and policies established by the program and the specific requirements agreed upon in the defendant’s case could lead to a termination of participation.  Defendants who do not complete the program successfully face prosecution and sentencing for their charges.

Valuable Benefits of the Conditional Dismissal Program in New Jersey

The most valuable benefits are avoiding jail time and keeping a conviction-free criminal record. Sometimes, scholarship recipients for university studies risk losing their funding if convicted of a crime. Similarly, non-citizens with a visa or green card could be at risk for deportation, depending on the circumstances.  This program dismisses the charges and allows the defendant a new start.  This can be especially helpful when applying for a job or a loan.

Completing the program does not mean your record is blank. The arrest and charge will need to be expunged. Fortunately, six months after program completion, an attorney can submit a petition for expungement.  The judge will sign the order of expungement, and your lawyer can proceed with notifying all related law enforcement agencies to remove your arrest record. Ultimately, conditional dismissal combined with expungement is a valuable process that can give you a fresh start.

Contact our Criminal Defense Lawyers for Guidance on the Conditional Dismissal Program in Monmouth and Ocean County, New Jersey

The application process for the Conditional Dismissal Program requires experienced legal assistance. Our dedicated criminal defense attorneys at Chamlin, Uliano & Walsh, will work to paint you in the best light when applying for admittance into the program. We can provide key details to the court by gathering information about your family and standing in the community, such as your place of employment or educational institution, and other positive aspects of your life. We believe that everyone should get a second chance, and we want to make that happen for you. For over 50 years, our firm has been assisting clients with criminal matters in Wall, Red Bank, Colts Neck, Neptune, Freehold, Seaside Heights, Toms River, and throughout Southern New Jersey. Call us today at 732-440-3950 to hear more about how we can help you or schedule a consultation by completing our online form.