Legal Question in Criminal Law in New Jersey

prosecutor usually will not permit downgrade to ordinance if dv. also, assault not eligible for conditional dismissal. Under this law, conditional dismissal is not available to any person who has previously participated in a conditional discharge, conditional dismissal, or supervisory treatment program such as PTI. In addition, a person is not eligible for conditional dismissal if the offense for which the person is charged involved:

� organized criminal or gang activity;

� a continuing criminal business or enterprise;

� a breach of the public trust by a public officer or employee;

� domestic violence;

� an offense against an elderly, disabled or minor person;

� an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;

� animal cruelty;

� or any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of the Criminal Code. [Although first offender drug defendants are eligible for Conditional Discharge]