Municipal Court Diversion Programs (Part 3)

by | Feb 1, 2016 | Blog, Criminal Law, News

b. (1) A defendant shall not be eligible for participation in the conditional dismissal program if the offense for which the person is charged involved: (a) organized criminal or gang activity; (b) a continuing criminal business or enterprise; (c) a breach of the public trust by a public officer or employee; (d) domestic violence as defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); (e) an offense against an elderly, disabled or minor person; (f) an offense involving driving or operating a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; (g) a violation of animal cruelty laws; or (h) any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C.

Section (b) lays out additional bars to participation in the conditional dismissal program which do not apply to the conditional discharge program. Sub-sections (a) through (c) will very rarely be present with municipal court offenses. Those sub-sections address aspects that are almost strictly limited to indictable offenses such as racketeering and official misconduct. Sub-section (d) will bar the participation of many defendants who are charged with simple assault or harassment related to a domestic dispute. Sub-section (e) can bar anyone charged with a petty theft against an elderly person, which would most likely be defined as someone age 60 or older, consistent with 2C:44-1a (12).

Sub-section (f) can arguably bar participation for defendants who are charged with a disorderly person offense on the same occasion as they are charged with a DUI. I say “arguably” because it is not clear what is meant by the phrase “an offense involving.” Does having marijuana drug paraphernalia in the car at the time of a DUI charge for alcohol mean that the marijuana paraphernalia is an “offense involving driving under the influence of alcohol?” What if the basis for the DUI is marijuana intoxication but the marijuana paraphernalia that is found in the car was not the specific paraphernalia that was used on the date in question? Sub-section (g) is probably superfluous with the recent push to have animal cruelty offenses punished more severely as felonies since felonies cannot be resolved in a municipal court. Sub-section (h) codifies the fact that marijuana and drug paraphernalia offenses are addressed by the long-standing conditional discharge program, as opposed to the conditional dismissal program.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Highly professional The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
Ca
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
Bryan B
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is very responsive, courteous, and he really knows what he's doing. I highly recommend Fred.
Kenneth L
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Spot on, 100%
Earl M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great lawyer. Got the best results for me. Very responsive!
Kathleen S