What is a Conditional Dismissal?

Hoping for a Miracle

What is a Conditional Dismissal? If the State has charged you with a crime chances are you are concerned for your future. A criminal conviction, even for just a misdemeanor, could have serious effects on your career and family. If you are in this situation you might show up to Court feeling hopeless. Maybe you know you’re guilty and feel there’s no way to avoid serious consequences. You might be so resigned to the conviction that you consider pleading guilty just to get the process over with. That, or you might be hoping for a miracle to just make the case go away.

The Conditional Dismissal Contract

Fortunately, you don’t always have to hope for a miracle. In some circumstances, a good defense attorney can convince the prosecutor to dismiss your case. This is true even if you might be guilty. One common method to get a case dismissed is through a Conditional Dismissal. This is an informal agreement between your attorney and the prosecutor to dismiss your case so long as you complete one or more conditions. Usually, the parties will write these conditions into a contract that clearly explains how you earn the dismissal.

What are the Conditions?

The attorneys will tailor the conditions of the Conditional Dismissal Contract to your particular charge. If your case involves drugs, then you might have to take a substance abuse class. If the State has accused you of Assault-Family Violence, then you might have to take a Batterer’s Intervention course. You might also have to pay restitution to a victim if you cased them financial or physical harm. The prosecutor might also require you to perform community service. In all cases, the contract will have a deadline for completion and a way for you to submit proof.

What’s the Catch to a Conditional Dismissal?

Completing conditions of a CD Contract are not always easy for people with less financial means. For example, the required classes always cost money. These costs can range from as low as $50 up to $1,000. You might also have to attend each class or perform community service in person. This means that you could have to miss hours of work or arrange for babysitting. Unfortunately, this will likely cost you even more money. If you have to pay restitution to a victim, you must pay in cash. The catch with a Conditional Dismissal is that you might end up paying more money to obtain the dismissal than you would if you had just pled guilty to begin with. You will have to decide whether keeping a conviction off your record is worth the time, effort, and money.

What’s the Benefit of a Conditional Dismissal?

The benefit of completing a Conditional Dismissal contract is that you will not have a final conviction on your criminal record for this offense. In some cases, you might even be able to petition the Court to expunge the record of your arrest. For example, Dallas County has agreed to expunge arrests for certain possession of marijuana cases. A criminal conviction can come with dire side-consequences in addition to jail-time or a fine. For example, a conviction for certain drug offenses could disqualify you from receiving TANF or SNAP benefits. Convictions could also prevent you from enlisting in the military, obtaining professional certificates, and even qualifying for a lease. You should not overlook these side-consequences of a criminal conviction when deciding if a conditional dismissal is worth the trouble.

Do I Qualify for a Conditional Dismissal?

There is no legal right to a Conditional Dismissal. Each local District Attorney’s office sets their own policies concerning when to grant a Conditional Dismissal. Factors that a prosecutor will consider when deciding whether to agree to a Conditional Dismissal include your criminal history and the severity of the underlying charge. Eligibility is highly case dependent and no attorney can guarantee to negotiate one for you without first viewing the evidence.

However, there are some general rules of thumb that usually apply. For example, your attorney will usually have a much easier time negotiating a Conditional Dismissal for a misdemeanor than for a felony. A prosecutor will more likely agree to give you a Conditional Dismissal if this is your first criminal offense. A Conditional Dismissal is also more likely for offenses where there is no victim, such as drug possession. There are many other factors that go into Conditional Eligibility that a good attorney can go over with you during a consultation.

Conclusion

A Conditional Dismissal is a way for you to avoid a criminal conviction even if you are 100% guilty of the charges. However, you are less likely to get a prosecutor to agree to a Conditional Dismissal if you do not have a good defense attorney to negotiate on your behalf. This is why if you have been charged with a crime, you need to speak with a good defense attorney as soon as possible.