New NJ law establishes a Conditional Dismissal for 1st time offenders in Municipal Court.

New law finally establishes a Conditional Dismissal for 1st time offenders in Municipal Court. Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.

Governor Chris Christie on September 9 signed into law legislation co-sponsored by Senator Christopher "Kip" Bateman (R-Hunterdon, Mercer, Middlesex and Somerset) to provide a Conditional Dismissal program in Municipal Court for certain first-time offenders. The law took affect in January 2014. However, the law requires a defendant to plead guilty as a part of the program.

"This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around," Bateman said. "The program will help foster participants' rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record." This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony

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.  

      This law establishes a conditional dismissal program in municipal court similar to the existing supervisory treatment programs for pre-trial intervention and conditional discharge.

      If a defendant who is participating in conditional dismissal is convicted of any offense or crime under any law of the United States, this State or any other state, or otherwise fails to comply with the terms and conditions imposed by the court, the court can enter a judgment of conviction and impose a fine, penalty, or other assessment in accordance with the defendant's prior plea of guilty or prior finding of guilt.

      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.