New Jersey Statutes 2C:43-13.2. Court approval of defendant’s participation in conditional dismissal program
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Terms Used In New Jersey Statutes 2C:43-13.2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
2. Court Approval of Defendant‘s Participation in Conditional Dismissal Program. After considering the eligibility criteria set forth in section 1 of P.L.2013, c.158 (C. 2C:43-13.1), the defendant’s criminal history and the municipal prosecutor’s recommendation, the court may, without entering a judgment of conviction, and after proper reference to the State Bureau of Identification criminal history record information files, approve the defendant’s participation in the conditional dismissal program established pursuant to P.L.2013, c.158 (C. 2C:43-13.1 et al.) and place the defendant under a probation monitoring status for a period of one year. The court may also impose financial obligations and other terms and conditions in accordance with P.L.2013, c.158 (C. 2C:43-13.1 et al.). Where the court approves a defendant’s participation in the conditional dismissal program over the municipal prosecutor’s objection, the order approving the defendant’s participation in the program shall be a final order but upon request of the municipal prosecutor shall be stayed for a period of 10 days in order to permit the prosecutor to appeal such order to the Superior Court.
L.2013, c.158, s.2.