I don't handle a lot of Municipal Court work, so your input would be appreciated here or perhaps one could forward this to their Municipal Court section colleagues....I represent young man who pled to a conditional discharge in Municipal Court #1 for possession and thereafter allegedly committed another possession offense, thus involving Municipal Court #2. When Court #1 heard about Court #2 we were ordered back to Court #1 for a hearing (as one must be free of offenses for one year after pleaing to the Conditional Discharge for case to be dismissed) wherein the judge in Court #1 entered a verdict of "Not Guilty" due to problematic issues with the state's case. Thereafter, my client pled to a conditional discharge in Court #2. However, thereafter the local County Court advised Court #2 that defendant is not entitled to a conditional discharge as he already entered a conditional discharge in Court #1. My argument to County Court was that the "Not Guilty" verdict renders the conditional discharge in Court #1 moot. They did not agree. Thus, I am filing a Motion with Court #1 to Vacate the Conditional Discharge Nunc Pro Tunc so that the defendant will officially be cleared to then enter Conditional Discharge in Court #2. Does anyone have a brief and/or caselaw even remotely on point to this issue? Thanks so much
------------------------------
Christine Moriarty Brophy Esq
Upper Saddle River NJ
(201)785-1658
------------------------------