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Hamilton Conditional Discharge and Conditional Dismissal Lawyers

Experienced Criminal Defense Lawyers Help Clients with Admission to Municipal Court Supervisory Programs Conditional Discharge and Conditional Dismissal in Mercer County and Throughout New Jersey  

If you are convicted of a crime in New Jersey, it could be a mistake that follows you for the rest of your life. Not only is there a social and economic impact, but many people also face a variety of other serious consequences such as prison time and large fines. The good news is, New Jersey offers several diversionary programs that seek to help first-time offenders avoid prosecution and conviction. The qualified Hamilton conditional discharge and conditional dismissal lawyers at KMHL&D can help you with admission to these Municipal Court Supervisory Programs.

If you or a loved one has ever been charged with a crime, you may be familiar with two programs known as Conditional Discharge and Conditional Dismissal. These programs can be extremely helpful to you if you are facing a series of severe penalties that could have a huge impact on your life. 

Admission into these programs is not automatic.  You need a strong legal advocate by your side to convince the judge that conditional discharge or conditional dismissal is more appropriate than conviction.  At Kalavruzos, Mumola, Hartman, Lento & Duff, LLC, our experienced criminal defense lawyers have helped many clients gain admission into diversionary programs over the years.  We know how the prosecution works and how to counter any objections to your admission.

The attorneys at KMHL&D are here to explain the conditional discharge and conditional dismissal programs to you and discuss possible options for resolving your case. To learn more about eligibility and the conditions imposed by these programs, contact our Hamilton Conditional Discharge and Conditional Dismissal Lawyers to request a consultation today.

What Is the Conditional Discharge Program?

The conditional discharge program is one of several diversionary programs offered to help first-time offenders facing minor drug charges avoid the traditional criminal judicial process. The conditional discharge program allows participants who complete the programs to avoid having a criminal conviction on their record.

Eligible drug charges are dismissed upon completion of the program. Records in connection with the underlying arrest are eligible for expungement after six months from the date the charges are dismissed.

The precise terms of Conditional Discharge will vary, but commonly include drug testing and the payment of fees and assessments. Successful completion of the conditional discharge program may require:

What Is the Conditional Dismissal Program?

Conditional Dismissal is different from Conditional Discharge in that it applies to disorderly conduct crimes, while Conditional Discharge only applies to low-level drug crimes. If you have been charged with a low-level misdemeanor such as disorderly conduct, you might have the option of a dismissal. 

Some examples of charges that are eligible for the program include:

If accepted into the conditional dismissal program, you will plead guilty to the underlying offense. This is important because if you violate the terms imposed by the court during your probationary period, you will immediately be subject to sentencing for the crime because your guilt has already been established. However, after successfully serving a term of probation and completing all judicially-imposed requirements, the charges will be dismissed. Those requirements can vary, but generally may include:

Additionally, records in connection with the underlying arrest are eligible for expungement after six months from the date the charges are dismissed.

Conditional Dismissal Program Eligibility

Generally, to qualify for participation in the conditional dismissal program, you must satisfy the following initial criteria:

The following charges render you ineligible for admission into the conditional dismissal program:

Factors the Courts Consider When Granting Admission to Conditional Dismissal or Conditional Discharge Programs

Admission into the conditional dismissal or conditional discharge programs is never automatic.  In some cases, the prosecution will recommend admission.  Usually, your defense lawyer will advocate for admission to the program and negotiate with the prosecution to convince them that a diversionary program is more appropriate than prosecution.  Factors that the courts will consider when deciding whether to grant admission include:

Judges have leeway when deciding whether to allow admission into a diversionary program.  They also have leeway in determining the requirements you will have to satisfy in order to successfully complete the program. 

At Kalavruzos, Mumola, Hartman, Lento & Duff, LLC, our lawyers can negotiate with the prosecution to secure their recommendation prior to applying for admission to a diversionary program.  We put in the work necessary to build the strongest possible case for admission if conditional dismissal or conditional discharge is in your best interests.  To learn more about our practice, contact us today for a consultation.

Contact the Skilled Hamilton Conditional Discharge and Conditional Dismissal Lawyers at Kalavruzos, Mumola, Hartman, Lento & Duff, LLC to Learn More About These Programs

If you have questions about the conditional dismissal or conditional discharge programs in New Jersey, contact the experienced lawyers at KMHL&D for a free initial consultation.

Our Hamilton conditional discharge and conditional dismissal lawyers are here to discuss your eligibility for the program and make sure you understand every aspect of how completing a diversionary program can impact your future.  Let us answer your questions and put your mind at ease!

Frequently Asked Questions About Conditional Discharge and Conditional Dismissal in New Jersey

Does completing conditional discharge or conditional dismissal mean that I am found innocent of all charges?

No. In fact, the opposite is true. In order to gain admission into the conditional discharge or conditional dismissal programs, you must first plead guilty to the crime. Successful completion of the program means that you will not have a conviction on your record. However, if you do not successfully complete the program, you can be prosecuted for a crime to which you have already pleaded guilty.

What is the difference between conditional discharge and conditional dismissal?

The nature of the offense. The conditional discharge program is designed for drug-related crimes committed by certain first offenders. Conditional dismissal is the diversionary program open to a wider range of relatively minor offenses.

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