For a CDS offense, can I get a conditional discharge without a plea? I need this my attorney says no but another atty said yes.

Criminal Defense 2 views 6 answers
For a CDS offense, can I get a conditional discharge without a plea? I need this my attorney says no but another atty said yes.For a CDS offense, can I get a conditional discharge without a plea? I need this my attorney says no but another atty said yes.

Attorney Answers

6
William Popovich ·
While technically possible under the law, the court has the option to require a plea of guilty or to suspend proceeding before it comes to that for a conditional discharge. So both your lawyers are right. The court may require it, or may not.
0 upvotes
Eric Mark ·
For a CDS offense, it is possible and common to enter conditional discharge without a guilty plea. If you need this for immigration purposes, you cannot compromise on this issue. You need to have a discussion with your lawyer and if you're not comfortable with the situation, seek a second opinion.
0 upvotes
Travis Tormey ·
Yes, you can get a conditional discharge without a guilty plea. However, you can't get a conditional dismissal without a guilty plea. Maybe you are confused about which program you are applying for.
0 upvotes
Raymond Grimes ·
yes, you should be able to get that without a plea.
0 upvotes
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
If you are eligible for a CD you can and normally do enter without a plea. A CD is only offered in Municipal court. PTI, a similar program, is what is offered in Superior Court. You can get into PTI without a plea also.
0 upvotes

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