A lot of people do that one stupid thing in their lives that they are not proud of. It is that youthful indiscretion, that one brush with the law encountered by that otherwise law abiding citizen. Sometimes it is that joint in your pocket or your car; sometimes it is an impulsive grab for goods in a store that leads to shoplifting charges.
Fortunately, New Jersey courts recognize this and give you a one-time "out" for these charges, called a "diversion." A conditional discharge has been available for years for minor drug charges, but what if you were caught shoplifting? Is there anything you can do there? Yes, there is!
Conditional Dismissal to the Rescue!
In the beginning of 2014, a program became available for offenses classified as "disorderly persons offenses" or "petty disorderly persons offenses" called a Conditional Dismissal. To qualify though, you must meet certain requirements:
- You can have no prior convictions
- You cannot have previously obtained a Conditional Discharge, Conditional Dismissal, or Pretrial Intervention in New Jersey
- Approval by the court after judicial evaluation
If you do get into the Conditional Dismissal Program (CDP) and complete it, the shoplifting charge will be dismissed.
How Do I Get One?
In order to complete the program, you must:
- Pay the $75 application fee
- Pay all costs, restitutions, and/or assessments levied by the court
- Have no convictions for other offenses in any part of the United States
- Successful completion of any other program terms and conditions imposed by the judge
Once the program is completed, and the charge dismissed, it will not be deemed a conviction for the purposes of disqualifications or disabilities, if any, that might flow from a shoplifting conviction (such as being barred from certain types of employment, like teaching).
But It Only Works Once!
Remember, you only get this one chance, this "one bite at the apple" to avoid the consequences of a conviction. Should you get into trouble again, even if you did not complete the CDP on the shoplifting charge, you can never have another "diversion," like Conditional Discharge, Conditional Dismissal, or Pretrial Intervention.
So What Do I Do?
If you have been charged with shoplifting here in southern New Jersey and are looking for representation, or may be interested in getting a Conditional Dismissal of the charge, please feel free to call my office at 856-432-4113 or contact me through this site for a free consultation in my Woodbury office to discuss your case. I look forward to helping you.