PRE-TRIAL INTERVENTION
TO DISMISS CRIMINAL CHARGES
By Kenneth A. Vercammen, Esq.
Under New Jersey
Criminal Statute and Court Rules, someone charged with an indictable criminal
offense who has no prior indictable offenses can apply for Pre-Trial Intervention
(PTI).
This Statute
permits someone under limited instances to have the prosecution stopped and
enter into a probation type program. If
someone successfully completes PTI, the indictable criminal charge is
dismissed.
PTI is not
available if the criminal offense is a disorderly person offense, such as
simple assault, harassment or shoplifting.
For persons facing a first offense possession of marijuana charge, they
can apply for a Conditional Discharge.
NJSA 2C: 36-1. As a practical
matter, in Municipal Courts, the defense attorneys sometimes can work out an
agreement with the complainant in a municipal court criminal ticket to have the
prosecution put on hold for six months.
If the defendant complies with a stipulated agreement, such as staying away
from the complainant, after 6 months the criminal charges are dismissed.
It is imperative
for someone facing criminal charges, whether indictable or not, to immediately
hire an experienced criminal attorney.
Do not rely on a real estate attorney to be familiar with recent cases
affecting PTI and criminal law.
PTI should be
applied for immediately with Criminal Case Management. The Court Rules have time limits for PTI
application and appeals from denial of PTI.
Procedurally, once the accused applies for PTI, a decision to accept or
reject is made by the Criminal Case Manager.
If approved, then the County Prosecutor's office must approve. Thereafter, the Superior Court Judge assigned
to the case must approve the defendant.
If the defendant
is rejected by either the Criminal Case Manager or the Prosecutor, a timely
appeal must be filed with the Superior Court Judge.
In Practice, we recommend the client obtain
letters of reference, proof of employment, a resume and other supporting documents
to provide to the Criminal Case Manager.
Similar to sentencing, you want to provide any beneficial facts and
papers to demonstrate the defendant is a first time offender who is unlikely to
again be involved in a criminal case.
Similar to
Probation following a guilty plea or conviction, the Court can require the
defendant to perform certain acts.
Typical re-trial orders direct the defendant to not get arrested,
undergo drug and alcohol testing and counseling, pay restitution or perform
other acts. Non-compliance will result
in dismissal from PTI. Thereafter, the
defendant must face trial on all indictable charges.
CONDITIONAL DISCHARGE OF DRUG CHARGES IN MUNICIPAL COURT
Some people are
charged with possession of small amounts of marijuana. N.J.S.A. 2C:36A-1 provides that a person not
previously convicted of a drug offense either under Title 2C or Title 24 and
who has not previously been granted "supervisory treatment" under
N.J.S.A. 24:21-27, 2C:43-12 or 2C:36A-1 may apply for a conditional discharge. The court upon notice to the prosecutor and
subject to 2C:36A-1(c) may, on the motion of the defendant or the court,
suspend further proceedings and place the defendant on supervisory treatment
(i.e., probation,, supervised or unsupervised attendance at Narcotics
Anonymous, etc.). Since the granting of
a conditional discharge is optional with the court, defense counsel should be
prepared to prove, through letters, documents, or even witnesses, that the
defendant's continued presence in the community or in a civil treatment
program, will not pose a danger to the community.
Defense counsel
should be prepared to convince the court that the terms and conditions of
supervisory treatment will be adequate to protect the public and will benefit
the defendant by serving to correct any dependence on or use of controlled
substances. For applicable caselaw on
conditional discharges, see State v. Sanders, N.J. Super. 515 (App. Div.
1979), State v. Banks, 157 N.J. Super. 442 (Law Div. 1978), State v.
Grochulski, 133 N.J. Super. 586 (Law Div. 1975), State v. Teitelbaum,
160 N.J. Super. 450 (Law Div. 1978), State v. DiLuzio, 130 N.J. Super.
220 (Law Div. 1974). The defendant must
be required to pay a $45.00 application fee, plus the mandatory $500.00 DEDR
penalty. The court further has the
option to suspend a defendant's driver's license for between six months and two
years.
The conditional
discharge period is also between six months and two years. If the defendant is convicted of a drug
offense during the CD period or violates the conditions set by the court, the
prosecution resumes. The defendant may
even apply for a conditional discharge after he/she is found guilty, but before
sentence is imposed. If the CD is
granted at this point in the proceeding, the 6 to 24 month license suspension
is mandatory.
Drug related
offenses carry substantial penalties which will effect a client for the rest of
his life. The space limits of this
article do not allow detailed explanation of the extensive caselaw on controlled
dangerous substances. Members of the Bar
must accept the challenge and apply their legal talents to ensure that the
rights of their clients are protected.
CONCLUSION
Pre-trial
intervention is an excellent opportunity for someone to avoid a trial and conviction. If facing criminal charges, quickly sit down
with a criminal attorney to protect your rights. If accepted into Pre-Trial Intervention,
Motions to Suppress Evidence and other Motions are put on hold.
