More Case Dismissals Coming From Municipal Court?

With passage of New Jersey Senate bill S2169, more people would be eligible for having charges dropped against them in municipal court.  Otherwise known as a conditional discharge, this pre-trial intervention program from municipal court was only available to first-time drug offenders who had never participated in a pre-trial intervention program.  The program, which is run by the probation department, is usually for 12 months; and upon successful completion of the program, the charges against the defendant are dismissed. 

One caveat for those considering taking a conditional discharge is that a subsequent arrest for something more serious will preclude you from participating in a future pre-trial intervention program.  Likewise, if a person does not successfully complete the program, the person's case will be referred back to the municipal court for prosecution and the person is also precluded from taking advantage of a pre-trial intervention program in a future case as well.

I have been a big supporter of expanding the conditional discharge program to other offenses and glad to see that this may finally become a reality and awaits the Governor's signature.  That being said, the Senate bill did not make the program available to all offenses (rightfully in my opinion).  The program would not be available if you already participated in a conditional discharge or other pre-trial intervention program.  It would also not be extended to those charged with organized criminal or gang activity; a continuing criminal business enterprise; a breach of the public trust by a public officer or employee; domestic violence; an offense against the elderly, disabled or minor; any motor vehicle offense involving alcohol or drugs; animal cruelty and certain disorderly persons offense.

For more information, or if you have other legal concerns, email Gavin Handwerker, Esq. at gih@beinlaw.com.