NJ Deferred Adjudication Lawyer
Facing a criminal charge is a pivotal moment, one that can shape your future. Seize this moment by enlisting the help of attorneys who have proven success in the field. With our dedication to criminal law and experience with deferred adjudication in New Jersey, The Law Offices of Jonathan F. Marshall can provide the counsel you need. Whether it’s your first offense or a recurring issue, we can help. Our track record is built on success and a deep commitment to our clients. Don’t leave your future to chance. Call us today at (877) 534-7338 or contact us online to discuss your options and how we can support you during this challenging time. Your future is in your hands, and with our help, you can take control.
As a leading criminal defense firm in New Jersey, we understand that facing criminal charges can be an overwhelming and frightening experience. The possibility of a conviction and the resulting consequences can have a significant impact on your personal and professional life. However, it’s essential to know that New Jersey offers an alternative to traditional criminal convictions known as deferred adjudication. Notably, deferred adjudication is a term used in NJ alongside pretrial intervention, conditional discharge, and conditional dismissal when it comes to determining the best course of action for a defendant facing criminal charges. Below, we will explore what deferred adjudication is, how it works in New Jersey, and its potential benefits for individuals charged with a crime.
Understanding PTI
Pretrial intervention (PTI) in New Jersey is a program through the Superior Court designed to divert individuals charged with certain offenses away from the traditional criminal justice system. Instead of proceeding to trial and potentially receiving a conviction, eligible defendants may be admitted into the PTI program. This alternative program offers participants an opportunity to complete a set of requirements and, upon successful completion, have their charges dismissed.
Eligibility Criteria For PTI
Pretrial Intervention (PTI) clients are supervised by probation officers, and the goal is to build on their strengths and provide them with tools to avoid future criminal behavior.
First-Time Offenders
PTI only admits first-time offenders.
Timing Of Admission
Participants in PTI are admitted into the program before their case is decided.
The PTI Process In New Jersey
If you meet the eligibility criteria for PTI in New Jersey, it’s essential to understand the steps involved in the process. The general process typically includes the following:
Application And Screening
Complete an application to express your interest in the PTI program. Your criminal defense attorney can assist you in preparing the application, including gathering necessary documents and information.
Acceptance And Conditions
If your application is accepted, you will be required to comply with specific conditions set by the court and supervised by a probation officer. These conditions may include obeying all laws, notifying your probation officer of any new arrests, answering inquiries truthfully, allowing home inspections, and promptly reporting address changes.
Length Of PTI Service
The term of supervision can vary from six months to three years, depending on the specifics of your case and the court’s order. It is crucial to comply with all the conditions of the program during this period.
Completion And Dismissal
If you successfully complete all the requirements and comply with the conditions of PTI, your charges will be dismissed, providing you with a second chance and the opportunity to move forward without a criminal conviction.
Benefits Of PTI
Opting for PTI in New Jersey can provide various advantages for individuals facing criminal charges, including:
Avoiding A Criminal Conviction
Successful completion of PTI can lead to the dismissal of charges, allowing you to avoid a criminal conviction on your record.
Preserving Future Opportunities
A clean record opens doors to professional prospects, educational opportunities, and maintaining a positive reputation. PTI can help protect your future from the lasting consequences of a criminal conviction.
Rehabilitation And Support
PTI focuses on providing clients with the tools and assistance necessary to address personal problems and avoid future arrests. By participating in counseling, treatment programs, and counseling recommended by probation officers, you can work towards personal growth, rehabilitation, and positive change.
Understanding Conditional Discharge In New Jersey
If you find yourself facing criminal charges in New Jersey, it’s crucial to understand all the legal options available to you. One potential option for first-time offenders is a conditional discharge, which can provide an opportunity for rehabilitation and avoiding a conviction. Below, we will delve into the details of conditional discharge in New Jersey, including its eligibility requirements, terms and conditions, and the benefits it offers to those charged with certain offenses.
Eligibility For Conditional Discharge
According to the 2022 New Jersey Revised Statutes, specifically Section 2C:36A-1, conditional discharge is available to individuals who meet specific criteria. To be eligible, the accused must:
- Have no prior convictions for offenses related to controlled substances, including marijuana, stimulants, depressants, or hallucinogenic drugs, under New Jersey law, federal law, or the laws of any other state.
- Have not already taken part participated in a program of supervised treatment, conditional dismissal, or a Veterans Diversion Program.
- Be convicted of or charged with a petty disorderly persons offense or a disorderly persons offense according to NJ Code of Criminal Justice.
If you meet these requirements, you may be eligible to seek a conditional discharge for your offense.
Process And Options
Once the court has been notified of your eligibility for conditional discharge, either through a motion filed by your defense attorney or by the court itself, you have two options:
Supervised treatment
If the court grants your request, it can halt additional proceedings and place you under supervised treatment. You must consent to this treatment, and the court will establish reasonable conditions and terms that you must adhere to throughout the program.
Supervised treatment After Guilty Plea
Alternatively, if you have already pleaded guilty or have been found guilty, the court may, with your consent, place you on supervised treatment without entering a judgment of conviction. Similar to the first option, the court will impose reasonable conditions and terms for your participation.
It’s important to note that the court cannot require you to undergo residential treatment for a duration longer than the maximum confinement period allowed by law for your offense. Additionally, the term of supervised treatment within this program cannot surpass three years.
Benefits And Consequences
Conditional discharge provides several significant benefits for eligible individuals. First and foremost, successful completion of the program leads to the termination of supervised treatment and the dismissal of proceedings against you. This outcome means that there won’t be an adjudication of guilt, plus the offense will not be considered a conviction for disqualifications or disabilities imposed by law.
Moreover, the dismissal under conditional discharge will not count as a conviction for the purpose of identifying if another offense transpired. This aspect is crucial for individuals concerned about potential repeat offenses and the associated penalties.
However, it’s important to understand that violating any of the terms or conditions of your supervised treatment can result in the court entering a judgment of conviction and proceeding accordingly. Therefore, it is essential to strictly adhere to the requirements set forth by the court to ensure a successful outcome.
Conditions For Approval
The court’s decision to grant conditional discharge is subject to its discretion, and it must consider several factors before approving your participation in the program. The court must conclude that:
- Your staying in the community or a treatment center does not amount to a risk to society.
- The terms and conditions of supervised treatment will sufficiently protect the public while benefiting your rehabilitation by addressing any substance dependence or use you may exhibit.
- You have not previously received supervised treatment under relevant sections of the law.
These criteria serve as a guideline for the court’s decision-making process and must be met for conditional discharge to be granted.
Financial Obligations
To apply for conditional discharge, you must pay a fee of $75 to the court, which will be deposited into the General Fund of the State of New Jersey. Additionally, you may be required to pay costs and restitution. However, if you are unable to afford the fee due to financial hardship, you can apply for a waiver.
Talk To A Lawyer About It
Conditional discharge in New Jersey provides first-time offenders with an opportunity for rehabilitation and the chance to avoid a conviction for certain offenses. By adhering to the terms and conditions set by the court, individuals can successfully complete the program and have their charges dismissed, without facing the long-term consequences of a conviction. If you believe you may be eligible for conditional discharge, it’s crucial to consult with an experienced criminal defense attorney who can guide you through the process and help you achieve the best possible outcome.
Conditional Dismissal In New Jersey: An Opportunity For Eligible Defendants
If you find yourself facing criminal charges in a New Jersey Municipal Court, it’s important to be aware of the various legal options available to you. One such option is conditional dismissal, a program established by the New Jersey Revised Statutes under Section 2C:43-13.1. The following is an overview of conditional dismissal, its eligibility criteria, and the factors that the court considers when evaluating applications for this program.
Eligibility, Application
The conditional dismissal program is open to defendants with first-time offenses, and where the offense in question is minor and not drug related. To be eligible, you must meet the following criteria:
- You have no prior conviction of a petty disorderly persons offense, or a disorderly persons offense, or another offense under NJ law or the laws of another state.
- You have not already taken part in conditional discharge (as it pertains to N.J.S.2C:36A-1), supervised treatment (as it pertains to N.J.S.2C:43-12), or conditional dismissal (as it pertains to P.L.2013, c.158 [C.2C:43-13.1]), or a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23).
- You are charged with a disorderly persons offense or petty disorderly offense (except offenses under chapter 36 or 35 of Title 2C)
Once you’ve entered a plea of guilty or have been found guilty, but before the court enters a judgment of conviction, you may apply for the conditional dismissal program.
Exceptions To Eligibility
There are specific circumstances in which a defendant is not eligible to take part in the conditional dismissal program. These exceptions include situations where the offense involves:
- Organized gang or criminal activity
- An ongoing criminal business or enterprise
- A breach of public trust by an employee or public officer
- Domestic violence
- An offense against a disabled, elderly, or minor person
- Operating or driving a motor vehicle under the influence of drugs or alcohol
- Animal abuse violations
- Petty disorderly persons offenses or disorderly persons offenses under chapter 36 or 35 of Title 2C
However, it’s worth noting that someone that has been charged with a disorderly person offense can still apply for admission into the conditional discharge program under N.J.S.2C:36A-1.
Factors Considered By The Court
On top of the eligibility information listed above, the court will take various factors into account when evaluating your application for conditional dismissal. These factors include:
- The circumstances and nature of the offense
- The facts relating to the offense
- Your motivation, age, attitude, and character
- The complainant or victim’s desire to forego prosecution
- The interests and needs of the victim and the community
- Whether your offense concerns a continuing pattern of anti-social conduct.
- Whether the offense is violent
- Whether your participation would negatively impact the prosecution of codefendants
- Whether diverting you from prosecution aligns with public interest
- Other aspects determined by the court to be relevant
The court will carefully consider these factors to determine whether your conditional dismissal program participation is appropriate and in line with the interests of justice.
Section 2c:43-13.5 – Dismissal: A Fresh Start
New Jersey Revised Statutes Title 2C, Section 2C:43-13.5, outlines the provision for dismissal in cases of conditional dismissal. According to this statute, if, when the conditional dismissal term ends, you have not been convicted of any subsequent disorderly persons offense or other offense, whether in NJ or another state, and you have cooperated with all other conditions and terms the court imposed, it is possible for the court to end probation monitoring and dismiss the case against you.
In simpler terms, if you meet the requirements set forth by the court during the conditional dismissal period and avoid any further criminal activity, the charges against you can be dismissed entirely.
Section 2C:43-13.6 – Effect Of Dismissal: No Conviction On Record
Another crucial aspect of conditional dismissal in New Jersey is the effect it has on your record. Section 2C:43-13.6 of the New Jersey Revised Statutes Title 2C clarifies that the conditional dismissal of disorderly persons offenses or petty disorderly persons should not be treated as a conviction for the purposes of disabilities or disqualifications enforced by law on conviction of such offenses.
However, it’s important to note that the conditional dismissal will still be reported to the State. This reporting is done to determine if you are eligible for or disallowed from court diversion programs in the future. Furthermore, a conditional dismissal will not be considered a conviction for the purpose of identifying if a second, third, or subsequent offense occurred under New Jersey law.
Guidance In The Process
Conditional dismissal provides a valuable opportunity for eligible defendants in New Jersey to avoid a conviction of a criminal offense and potentially have their charges dismissed. By understanding the eligibility requirements and the factors the court considers, you can make an informed decision and explore the possibility of participating in this program. It’s essential to consult with an experienced criminal defense attorney who can guide you through the application process and help protect your rights. Remember, every case is unique, and legal advice tailored to your specific situation is crucial to achieving the best possible outcome.
What Is Deferred Disposition In Juvenile Cases?
In the juvenile court system, deferred dispositions are when a juvenile court decides to delay sentencing for a defendant, who is an accused juvenile offender, instead of immediately assigning a punishment like jail time or probation. If you’re granted a deferred disposition, a probation officer is assigned to you to oversee and guide you in meeting certain conditions set by the court. During the probationary period, this could involve in-person meetings at home or their office, or even phone check-ins.
The probation officer’s role extends to keeping the court updated about your progress during this deferred term. If you stay out of trouble and fulfill all court-set conditions, the charges against you get dismissed, meaning you won’t have to return to court. However, if you fail to meet these conditions or get into new legal trouble, you may have to face the court again. The Law Offices of Jonathan F. Marshall juvenile offense lawyers can help you evaluate how your child can avoid being adjudicated delinquent based on the juvenile’s offense.
FAQ On PTI
As a criminal defense firm in New Jersey, we often receive questions from clients regarding the Pretrial Intervention (PTI) program. Here are some frequently asked questions about PTI and their answers:
What Is The Purpose Of PTI?
The primary goal of PTI is to provide eligible first-time offenders with an opportunity to avoid a criminal conviction. The program aims to rehabilitate individuals by providing them with counseling, treatment, and support to address underlying issues that may have contributed to the offense.
Who Is Eligible For PTI?
In New Jersey, PTI is generally available to first-time offenders who are charged with non-violent offenses. However, eligibility is determined on a case-by-case basis, and factors such as the nature of the offense, the defendant’s criminal history, and the consent of the prosecutor and victim are taken into account.
How Does PTI Differ From Probation?
PTI is often confused with probation, but they are distinct programs. PTI is a diversionary program that allows individuals to have their charges dismissed if they successfully complete the program’s requirements. Probation, on the other hand, typically follows a conviction and involves supervision and compliance with court-imposed conditions.
What Are The Conditions Of PTI?
The specific conditions of PTI can vary depending on the individual’s case and the recommendations of the probation officer. Common conditions include obeying all laws, attending counseling or treatment programs, community service, and regularly meeting with a probation officer. Compliance with these conditions is crucial for successful completion of the program.
How Long Does PTI Last?
The duration of PTI can range from six months to three years, depending on the specifics of the case and the court’s order. The length of supervision is typically outlined in the court order that you receive upon admission to the program.
What Happens If I Fail To Comply With The Conditions Of PTI?
If you fail to meet the conditions of PTI, the court has the authority to terminate you from the program. In such cases, your original charges may be reinstated, and you will be subject to the traditional criminal justice process.
Can I Apply For PTI If I Have A Prior Criminal Record?
PTI is primarily designed for first-time offenders. However, individuals with prior criminal records may still be considered for the program, depending on the specific circumstances and the discretion of the prosecutor’s office.
Can I Expunge My Record After Completing PTI?
Upon successful completion of PTI, you may be eligible to have your record expunged. Expungement is a legal process that allows for the sealing or erasure of certain criminal records, providing you with a fresh start and the ability to move forward without the burden of a criminal record. It is advisable to consult with an attorney who specializes in expungement to understand the eligibility requirements and the process involved.
How Do I Apply For PTI?
To apply for PTI, you need to complete an application expressing your interest in the program. Your criminal defense attorney can guide you through the application process, gather the necessary documents, and present your case to the prosecutor’s office.
Can I Consult With An Attorney Before Deciding On PTI?
Absolutely. In fact, it is highly recommended to consult with an experienced criminal defense attorney before making any decisions about PTI or any other legal options available to you. An attorney can assess your case, explain the potential benefits and drawbacks of PTI, and provide personalized guidance based on your unique circumstances.
Deferred Adjudication Attorney
If you’ve been charged with a crime and you’re seeking more information about deferred adjudication in New Jersey courts, look no further than deferred adjudication lawyers at The Law Offices of Jonathan F. Marshall. Our distinguished team of 11 dedicated criminal defense attorneys brings over 200 years of combined experience to the table, with seven former prosecutors among them. With a wealth of knowledge gained from directorial positions within the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division, our team knows how to tackle tough cases. We also boast multiple attorneys recognized on the National Trial Lawyers Top 100 or Top 40 Under 40 lists, with two attorneys honored on the Super Lawyers Rising Stars 2021 list for New Jersey. This honor is only bestowed upon the top 2.5% of attorneys in the state, further exemplifying our firm’s commitment to excellence. We even have an attorney certified by the NJ Supreme Court as a Criminal Trial Attorney, a highly esteemed distinction that happens to be held by less than one percent of criminal lawyers in the state.
In a challenging time, don’t navigate the complexities of the law alone. Your case deserves the skills and tenacity that The Law Offices of Jonathan F. Marshall can offer. With our vast experience and dedication to achieving the best possible outcome for you, we stand ready to go up against federal prosecutors and fervently advocate on your behalf. Call us today at (877) 534-7338 or reach out to us online to discuss your case and learn more about deferred adjudication in New Jersey. Let our experience be your advantage in the courtroom.
