Conditional Dismissal

Conditional Dismissal

Have you or a family member been charged with a disorderly persons or petty disorderly persons offense? If so, you owe it to yourself and your family to have experienced counsel by your side. You need the sound counsel of a highly competent attorney familiar with the municipal court system. The experienced attorneys at Malamut & Associates can help you. Contact Malamut & Associates today to schedule a consultation. We look forward to meeting you.

Municipal court matters are often taken far too lightly. If you have been charged with a violation of New Jersey law and are required to appear in municipal court, the consequences can be significant. A traffic violation, DUI, or Drug Possession can result in the suspension of your driving privileges, monetary penalties, community service, increased auto insurance premiums, and even jail time. Matters of the Municipal Courts may seem like they are no big deal. That is, until you’re standing in front of the prosecutor or judge with nothing to say in your defense. Sure, some people can handle their own Municipal issues successfully without a lawyer. Maybe they will get the best possible outcome. Maybe they won’t. They probably don’t know if they did or they didn’t. Sadly, the majority of people who go it alone wish they had the foresight to seek legal advice before walking into that courtroom. If you or a family member are facing charges in the municipal courts, do not hesitate to contact Malamut & Associates today. Good counsel can mean all of the difference.

At Malamut & Associates, we know how frustrating and intimidating the municipal court experience can be. We are committed to representing the rights of individuals facing the municipal court system. We have retired county prosecutors, current municipal court prosecutors, and career defense lawyers at our disposal. We all collaborate to get our clients the best possible results. Before retaining another law firm, you owe it to yourself to speak to us and see what we can do for you. We understand that good people sometimes make mistakes; we won’t judge you. No firm can guide you through the system better than Malamut & Associates.

People charged with a disorderly persons or petty disorderly persons offense on or after September 6, 2013 are potentially eligible for the conditional dismissal program. Some offenses are precluded despite being a disorderly persons or petty disorderly persons offense. The conditional dismissal program has specific terms and requirements for acceptance. Both PTI and conditional dismissal requires the defendant has a clean record with no prior convictions. Furthermore, if a person has already participated in PTI, they are not allowed to participate in the conditional dismissal program, and vice versa. A judge will determine if acceptance into the program is appropriate based on the facts of the case and the recommendation of the prosecutor. There may still be fines and unique conditions placed upon the defendant depending on the case. Conditions can include, but are not limited to, anger management, community service, and some forms of restitution. If convicted of another offense while in the program, the participation in the program can be nullified. If a person successfully completes the program, including adherence to all terms and conditions, the charge will be dismissed. Often, the defendant will then seek an expungement that would effectively remove any record of the offense.

The law outlines the requirements to avoid a criminal record through completion of conditional discharge probation. Conditional Discharge is limited to a Disorderly Persons Offense involving drugs. It is not a conviction or a guilty plea. If admitted to the program, charges are conditionally dismissed. Once the terms and conditions of the discharge are successfully complete, charges are permanently dismissed. Eligibility is limited to a first drug offense and is only available once. Prior participation in PTI or Conditional Dismissal also precludes a person from participating. Like the diversionary programs noted, if the Conditional Discharge terms are violated, a person will be removed from the program and the defendant has the original charge reinstated. The probationary period is between one and three years with some supervision during that time. Random drug tests or other appointments may be required. Sometimes the defendant’s driver’s license will be suspended, but there are arguments to be made that can prevent this.

Conditional discharge is only available with disorderly persons offenses. If charged with an indictable offense in the criminal courts, the applicable program is Pretrial Intervention, referred to as PTI.

Contact Malamut & Associates today to schedule a free consultation.