Conditional Dismissal Program for First Offenders in NJ Municipal Courts to Dismiss Criminal Charges
By Kenneth Vercammen, Esq.
NJ established a Conditional Dismissal Program in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.
The Conditional Dismissal program in Municipal Court for certain first-time offenders permits their defense attorney to make a Motion that the charge would be dismissed at the end of a one year probationary period.
“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around,”
This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony and saving evidence.
This means the defendant must plead guilty first to a criminal charge.
The law allows discharge for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar programs before. This program is similar to PTI in Superior Court.
“First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served,”
Under this law, Conditional Dismissal is not available to any person who has previously participated in a conditional discharge, conditional dismissal, or supervisory treatment program such as PTI.
After taking into consideration the eligibility criteria, the defendant’s criminal history and the prosecutor’s recommendation, the court may, approve the defendant’s participation in the conditional dismissal program and place the defendant under a probation monitoring status for a period of one year.
Persons who are charged with indictable offenses (crimes of the first, second, third, or fourth degree) may be eligible for pretrial intervention (“PTI”) pursuant to N.J.S.2C:43-12 et seq. Persons charged with certain disorderly persons or petty disorderly persons drug offenses may be eligible for conditional discharge pursuant to N.J.S.2C:36A-1.
. If the defendant successfully completes the program, the criminal charges are dismissed.
A defendant may make an application to the conditional dismissal program after a plea of guilty or a finding of guilt, but prior to the entry of judgment of conviction.
FINGERPRINTING REQUIREMENT.
To allow sufficient time for verification of the defendant’s criminal history by the prosecutor and as a condition of the application, the defendant will be required to submit to the fingerprint identification before making an application to the court.
In addition to these eligibility criteria, the court considering the application must also consider the following factors: 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, either 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; and any other factors deemed relevant by the court.
If, at the end of the term, the defendant has not been convicted of any subsequent offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.
A conditional dismissal granted will not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under any law of this State.
LIMITATION. A conditional dismissal can only be granted once with respect to any defendant.
If the defendant violates a term or condition of supervisory treatment, the court may enter a judgment of conviction or, where the defendant did not previously plead guilty and was not previously found guilty, resume the criminal proceedings
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500 More information at
http://www.njlaws.com/conditionaldismissal.html
