Our Team Of Highly Accomplished Middlesex County Criminal Lawyers Include Former Municipal Prosecutors in East Brunswick, Edison, Woodbridge, Piscataway, Sayreville, Milltown, North Brunswick, South Brunswick, Metuchen, and New Brunswick
If you have been charged with a disorderly persons offense that does not involve drugs in Edison or another municipality in Middlesex County, you may be eligible for conditional dismissal. This program allows an individual to avoid prosecution for simple assault, harassment, shoplifting and other misdemeanor criminal charges under certain circumstances. Our firm, The Law Offices of Jonathan F. Marshall, is comprised of defense lawyers with decades of experience handling municipal court cases in Edison, East Brunswick, Woodbridge, Piscataway, Sayreville and other area towns. In fact, the attorneys on our team have served as municipal prosecutors the largest towns in Middlesex County. We use our intimate experience in these courts, as well as our 200 plus years of combined experience, to ensure that our clients have every opportunity for a conditional dismissal of their criminal charge. To speak to a lawyer on our staff anytime around the clock after reviewing the information regarding conditional dismissal that follows, call our Edison Office (732-248-7675) or New Brunswick Office (732-246-7126) for a free consultation.
Offenses Eligible for Conditional Dismissal. Certain disorderly persons offenses are not eligible for conditional dismissal in East Brunswick or elsewhere in the state. A charge cannot be diverted using this program if it involves organized crime or gang activity, continuing criminal business or enterprise, a breach of the public trust, domestic violence, an offense against an elderly, disabled or minor person, animal cruelty, or a drug violation.
First Time Offender. An applicant must be a first time offender with no prior criminal record nor prior conditional dismissal, Conditional Discharge or Pretrial Intervention.
Entry of a Guilty Plea. A guilty plea is a prerequisite to securing admission into the conditional dismissal program. The plea does not, however, result in entry of a judgement of conviction provided the requirements for completion of the program are met. Conversely, failure to successfully complete the program results in entry of the judgement of conviction and sentencing for the criminal violation.
Requirements for Completion. The application fee and costs must be paid, the participant must follow all laws without any new arrests or convictions, and adhere to any conditions imposed by the court including remaining drug free (i.e. clean drug tests if conducted).
Effect of Conditional Dismissal of a Charge. The conditional dismissal of a charge results in elimination of the offense without a conviction.
Fines, Assessments & Other Financial Consequences. There is an application fee of $75 and $33 in court costs.
Term of Supervision. The proceedings are to be suspended for a period of one year. If all conditions are met over this period, the court is to dismiss all proceedings upon completion of the one year.
Immigration Consequences. As a general rule, a diversion of a case through Conditional Discharge or Pretrial Intervention allows an individual to avoid a conviction for a crime involving moral turpitude or aggravated felony that can impact immigration.
Conditional Dismissal Attorney in Middlesex County New Jersey
Large towns in Middlesex County like Woodbridge, East Brunswick, Edison, New Brunswick and Piscataway, have a multitude of activity and enterprise which result in more obstructing, disorderly conduct and other quasi-criminal charges. For anyone faced with such an offense, conditional dismissal is an advantageous option for escaping prosecution. An attorney at our firm can help you gain admission into the program in Old Bridge, Monroe or even East Brunswick. Lawyers are available 24/7 to assist you in one of our conveniently located offices. Contact us at 732-247-7126 for immediate assistance from a criminal defense lawyer experienced with conditional dismissal.
Frequently Asked Conditional Discharge Questions
What Happens After Someone Takes A Conditional Discharge? A conditional discharge is only granted after you’ve completed the conditions set by the court and you’ve stayed arrest- and drug-free for the length of time that your charges have been suspended. Once you’ve completed the requirements, the charges will be discharged or withdrawn. This will result in a marking of “dismissal – conditionally discharged” on your criminal record. It is important to understand that while a conditional discharge may remove a criminal charge from your record, it does not eliminate the arrest record. In order to remove the arrest from your record, you will need to file that request with the appropriate court.
How Does A Conditional Discharge Work? For certain drug offenses, first-time offenders may be offered a conditional discharge if they complete certain requirements set by the court. This means that the drug charges will be put on hold until you complete specific conditions. These conditions usually involve community service, fines, and staying arrest- and drug-free. Upon completion of the conditions set by the court, the drug charge will be discharged, meaning it will no longer be listed on your record. Failure to complete the conditions may result in the case moving forward and a potential conviction.
Can I Get A Job With A Conditional Discharge? It depends. While a conditional discharge will remove criminal charges from your record, the fact that you were arrested will not be erased. Your drug charge arrest record will be visible to potential employers and may cause you difficulty in securing employment. Still, you can have the arrest record removed if you file for and are granted an expungement. Not all arrest records are eligible for expungement, so it is recommended that you contact an experienced criminal defense attorney to explore your options instead of making assumptions about them.
How Long Will A Conditional Discharge Stay On My Record? If you successfully receive a conditional discharge, the underlying drug charge will be dismissed once the program is completed. Employers and other non-law enforcement individuals will not see a conviction but rather a dismissal of the offense when they do a criminal background check. The drug charge will not be marked dismissed until you complete all of the requirements set by the court as terms of your conditional discharge. Failure to pay associated fines or getting arrested again may result in the conditional discharge being rescinded and the charge remaining on your record indefinitely.
Do I Have To Plead Guilty To Get A Conditional Discharge? No. New Jersey law does not require entry of a plea of guilty to the offense you are seeking before your charges can be conditionally discharged. You should know that the conditional dismissal program, which is very similar to conditional discharge and applies to disorderly persons offenses involving first time offenders (other than drug charges), does require entry of a guilty plea as a prerequisite to admission into the diversion program.
Can I Get A Conditional Discharge If I Have A Criminal Record? No. Conditional discharge is only made available as an option for individuals who are first-time offenders. This means that if you have been convicted of any criminal offense in the past, you will not be eligible for a conditional discharge. You will also be ineligible for a conditional discharge if you have previously been accepted into a diversionary program. Exclusion scenarios include: Conditional dismissal, pre-trial intervention, and prior conditional discharge.
How Long Does The Conditional Discharge Process Take? Depending on the circumstances of your case, the conditional discharge process can take up to three years, but in most cases, it will be completed within one year. Because the judge handling your case has discretion concerning how long your charges will be suspended, there is no one size fits all answer to the question of how long the process will take. Additionally, if the payment of fines is connected to your conditional discharge requirements, your case may be delayed until those fines are paid in full.
Can I Get A Conditional Discharge If I Have Been Charged With An Indictable Offense? No. The conditional discharge opportunity is only made available if you have been charged with a disorderly persons offense involving drugs. New Jersey law specifically excludes individuals charged with indictable offenses from receiving a conditional discharge. But, if you have been charged with an indictable offense, you may qualify for pre-trial intervention. Like a conditional discharge, pre-trial intervention is only available to first-time offenders. Don’t lose hope if you aren’t eligible. Speak with a criminal defense lawyer to determine all the ways in which you could still potentially avoid a criminal conviction.
