Conditional Dismissal in the New Jersey Municipal Courts


Conditional Dismissal is a new method enacted by the Legislature of the State of New Jersey (Effective on January 4, 2014) to help certain offenders avoid the most severe consequences of the Criminal Justice System, such as prison time, and a criminal record.  Unlike PTI, and Conditional Discharge, it is a plea device, meaning that a guilty plea is a condition for entry into the program. Even so, pending completion of the program, Judgment of Guilt is not entered. The judge ultimately determines who is eligible for a conditional discharge. If granted a conditional discharge, the defendant must pay mandatory assessments and the judge may suspend his/her driving privileges.


If during the period of supervisory treatment no additional offenses have been committed, and there is compliance with all conditions (including satisfying all financial obligations), the defendant will be scheduled for a court hearing at which time the charges will be dismissed. If new offenses have been committed during this period, the defendant may be tried on the original charges and the new offenses. 

The program ultimately has several advantages and disadvantages and you should discuss with your Attorney which option is best for you.


What are the requirements to enter the Conditional Dismissal Program?

The offense must be a Disorderly, or Petty Disorderly Persons offense, or first pled down to these. These are all offenses that will be in the jurisdiction of the Municipal Courts.

The offense cannot involve organized crime, domestic violence or hate crimes. The defendant may never have been previously convicted of a drug offense in any State or Federal Court, may never have been granted a conditional discharge before and may never have received Pre-Trial Intervention or Pre-Trial Diversion in any State or Federal Court.

To read the full provisions of the Conditional Dismissal Statute see our WEBPAGE which includes the full Statute.


The Defendant must first plead guilty and pay assessments, and restitution.  The court also has the authority to require a Defendant to attend Alcohol/Drug rehabilitation or other like programs as it sees fit to best serve the community.  There are certain other requirements to remain in the program for its one-year general duration, which may not make this a prudent option.  Above all, it is best to consult with a qualified Attorney to discuss all your options. 

The experienced Criminal Defense Attorneys of Avery & Avery, are familiar with this new program and can use it to protect your rights and to minimize the consequences of a disorderly persons or petty disorderly persons charge to you. If you are charged with these or similar offenses, CONTACT OUR OFFICE FOR A FREE CONSULTATION.  We will help guide you to the best path to avoid having a criminal record, and all the disabilities that would otherwise result from such a record.


Robert W. Avery, Esq., and The Law Offices of AVERY & AVERY, Esqs., practice in the Superior Courts of Bergen County NJ, Passaic County NJ, Hudson County NJ, Essex County NJ, and the Municipal Courts of Allendale NJ, Alpine NJ, Bergenfield NJ, Bogota NJ, Carlstadt NJ, Central Municipal Court of Bergen County NJ, Cliffside Park NJ, Closter NJ, Cresskill NJ, Demarest NJ, Dumont NJ, East Rutherford NJ, Edgewater NJ, Elmwood Park NJ, Emerson NJ, Englewood NJ, Englewood Cliffs NJ, Fairfield NJ, Fair Lawn NJ, Fairlawn NJ, Fairview NJ, Fort Lee NJ, Franklin Lakes NJ, Garfield NJ, Glen Rock NJ, Hackensack NJ, Harrington Park NJ, Hasbrouck Heights NJ, Haworth NJ, Hillsdale NJ, Ho-Ho-Kus NJ, Leonia NJ, Little Ferry NJ, Lodi NJ, Lyndhurst NJ, Mahwah NJ, Maywood NJ, Midland Park NJ, Montvale NJ, Moonachie NJ, New Milford NJ, North Arlington NJ, Northvale NJ, Norwood NJ, Oakland NJ, Old Tappan NJ, Oradell NJ, Palisades Interstate Court NJ, Palisades Interstate Park Court NJ, Palisades Interstate Parkway Court NJ, Palisades Parkway Court NJ, Palisades Interstate Park Commission Court NJ, Police Court of the Palisades Interstate Park and Parkway NJ, Palisades Park NJ, Paramus NJ, Park Ridge NJ, Ramsey NJ, Ridgefield NJ, Ridgefield Park NJ, Ridgewood NJ, River Edge NJ, River Vale NJ, Rochelle Park NJ, Rockleigh NJ, Rutherford NJ, Saddle Brook NJ, Saddlebrook NJ, Saddle River NJ, South Hackensack NJ, Teaneck NJ, Tenafly NJ, Teterboro NJ, Upper Saddle River NJ, Waldwick NJ, Wallington NJ, Washington Township NJ, Westwood NJ, Woodcliff Lake NJ, Wood-Ridge NJ, Wyckoff NJ, Passaic NJ, Paterson NJ, Jersey City NJ, North Bergen NJ, Secaucus NJ, Union City NJ, Weehawken NJ, Newark NJ, East Orange NJ, West Orange NJ, and Hackensack NJ.


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