Municipal Court Diversion Programs (Part 4)

by | Feb 3, 2016 | Blog, Criminal Law, News

(2) Nothing in this act shall preclude a defendant charged with any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C from applying to the court for admission into the conditional discharge program in accordance with N.J.S. 2C:36A-1.

In addition to the eligibility criteria enumerated in this section, the court shall consider the following factors:

 

(1) The nature and circumstances of the offense;

(2) The facts surrounding the commission of the offense;

(3) The motivation, age, character and attitude of the defendant;

(4) The desire of the complainant or victim to forgo prosecution;

(5) The needs and interests of the victim and the community;

(6) The extent to which the defendant’s offense constitutes part of a continuing pattern of anti-social behavior;

(7) Whether the offense is of an assaultive or violent nature, whether in the act itself or in the possible injurious consequences of such behavior;

(8) Whether the applicant’s participation will adversely affect the prosecution of codefendants;

(9) Whether diversion of the defendant from prosecution is consistent with the public interest; and

(10) Any other factors deemed relevant by the court.

 

Note that the ten factors in section c are modeled off of the superior court’s PTI eligibility criteria. However, as a practical matter, they will rarely be considered because municipal courts do not have the superior court’s resources. Thus, while a probation officer conducts a background interview and research regarding defendants seeking PTI acceptance, no such interview or research occurs at the municipal court level. Thus, defendants who are not precluded by the criteria in sub-section b will by and large be accepted to the conditional dismissal program.

Program participants will be under probation monitoring for one year and be subject to monetary obligations and may be subject to other conditions imposed by the court.
While the prosecutor has notice of the application, an opportunity to object and the right to appeal, discretion as to granting an application is the court’s. Presumably, the standard on appeal is the same as that for any other sentencing decision by a court, not the “abuse of discretion” standard in PTI appeals.

2C:43-13.4. Violation of Terms Prior to Dismissal. Violation of Terms Prior To Dismissal. If a defendant who is participating in the conditional dismissal program is convicted of any petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, or otherwise fails to comply with the terms and conditions imposed by the court, the court may enter a judgment of conviction and impose a fine, penalty, or other assessment which may be imposed by the court in accordance with the defendant’s prior plea of guilty or finding of guilt.

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
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Quick response to phone calls and emails. Answered all my questions knowledgeably. And represented us very well in the courtroom. Thank you again.
Julie F
Google star 1Google star 2Google star 3Google star 4Google star 5
Knowledgeable and reasonable attorney who gets things done. You will not be disappointed.
1093Nj
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred completely exceeded all expectations with the result of my case.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
My son was represented better than I could have ever imagined. His needs were put first and was treated as a friend rather than a number. His/ our opinions were valued and our doubts were always reassured. We couldn’t have asked for a better attorney out there!!! Thanks so much!
Danielle T
Google star 1Google star 2Google star 3Google star 4Google star 5
Iv had good lawyers defend me before but Mr.Sisto is beyond the best iv had. He explains everything every step of the way until your court date and excels on getting results , I defenatly recomend his services.
Imer J
Google star 1Google star 2Google star 3Google star 4Google star 5
That’s my lawyer he’s the greatest
Donald J
Google star 1Google star 2Google star 3Google star 4Google star 5
I like getting the DUI checkpoint alerts from Fred’s office. I’m not much of a drinker but I like to avoid the hassles of checkpoints. Thanks Fred
Denise M
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Excellent advice. Clam and accretive. Handled my case professionally and efficiently. Thank you for the great service. -D.
Danni K