The Conditional Dismissal Program in New Jersey Municipal Courts
New Jersey Conditional Dismissal Program Attorneys
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New Jersey’s Conditional Dismissal Program in Municipal Courts
New Jersey recently enacted a new law which provides for a conditional dismissal program in Municipal Court. This program is also known as “PTI in Municipal Court” because it is similar to the diversionary program known as Pre-Trial Intervention (PTI) which has been available in Superior Court for felony offenses for many years. If you are charged with a disorderly persons offense or petty disorderly persons offense in Municipal Court, you may be eligible for the program. First, you must have no prior criminal record. Second, you must not have used a diversionary program in New Jersey before such as PTI, conditional discharge, or conditional dismissal. Finally, the charges which you are facing must be eligilble for the program. For example, a DWI or a domestic violence charge means that you are not eligible for the conditional dismissal program. Finally, you arrest must have occurred after January 4, 2014 when the program became available in New Jersey. For additional information, please see the NJ Judiciary website which has a link to the actual legislation.
If you meet the above requirements, you are most likely eligible for the conditional dismissal program in Municipal Court. However, in order to enter the program, you must plead guilty to the underlying offense. Then, the Court will suspend your charges for the period of probation – one (1) year. As long as you comply with the conditions of the program and remain arrest free, the charges will be dismissed at the end of your probationary period. You will have no criminal record. The arrest record may be expunged six (6) months after you successfully complete the conditional dismissal program.
Am I eligible for the Conditional Dismissal Program in New Jersey?
If you meet the following criteria you are likely eligible for the conditional dismissal program in New Jersey:
- Charged with a disorderly persons or petty disorderly persons offense (not domestic violence)
- No prior criminal record
- Never used a diversionary program before (PTI, conditional discharge, conditional dismissal)
- Arrest was after January 4, 2014