NJ Municipal Courts Prepare To Roll Out Diversionary Program

Until now, Municipal Court defendants accused of drug charges could apply for a Conditional Discharge and Superior Court defendants accused of other crimes could apply for Pre-Trial Intervention (PTI) but Municipal Court defendants accused of disorderly or petty disorderly persons offenses had no such opportunities available. Now, municipal courts are preparing for the new Conditional Dismissal program to take effect. Legislation was signed in September by Governor Christie to remedy the unfairness municipal court defendants faced as a result of the lack of a "second chance" program for certain minor offenses. Previously, the only thing that could be done was to downgrade disorderly or petty disorderly persons offenses to local ordinance violations which would still result in a criminal record for the defendants. Defendants who successfully complete the Conditional Dismissal program, including a year on probation, restitution to any victims, court costs, fines and other mandatory or discretionary assessments will not appear as a prior conviction for the defendants. Defendants are eligible for only one diversionary program in their histories. Meaning, if you have used a Conditional Discharge or PTI, you will not be eligible for a Conditional Dismissal. Additionally, if you utilize the Conditional Dismissal program you will not be able to use it again in the future. Additionally, defendants charged with DUI, gang activity, animal cruelty, offenses against the elderly, disabled or minors and official breach of public trust are ineligible for entry into the program. Those facing charges for controlled dangerous substances (CDS) in municipal court are eligible for a Conditional Discharge but not Conditional Dismissal. Criminal charges of any kind, even disorderly or petty disorderly persons offenses such as shoplifting or simple assault committed while young or during a lapse of good judgment can have significant and lasting impacts on your ability to enter certain schools, obtain certain professional licenses, obtain employment requiring public trust, security clearances and the like as well as the stigma that can accompany a criminal record. As a result of the way criminal charges can restrict your future opportunities, earnings, lifestyle and associations it is critical that you seek and experienced criminal defense attorney to assist you in any criminal charges you face, no matter how minor those charges may seem at the moment. For more information regarding Conditional Dismissal, Conditional Discharge, Pre-Trial Intervention, disorderly persons offenses, petty disorderly persons offenses, controlled dangerous substance, shoplifting, simple assault or other Municipal Court matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Drug Suppression Motion For Warrantless Search Denied

In State v. Salladino the defendant was indicted for 3rd theft of movable property (N.J.S.A. 2C:20-3) and 3rd degree possession of a controlled dangerous substance (CDS) (N.J.S.A. 2C:35-10a1). The defendant won a suppression motion relating to the Oxycodone found during the warrantless search by police. The prosecution filed an interlocutory appeal and the N.J. Appellate Court determined that, although the Oxycodone was found during a search of the defendant's person exceeding the scope of Terry v. Ohio, 392 U.S. 1 (1968), the drugs would have inevitably been discovered when the defendant was searched incident to the arrest for the robbery charges. According to the court's holding in State v. Sugar, 100, N.J. 211 (1985) if the evidence would have inevitably been discovered as a result of an independent and predictable circumstance, it remains admissible even if seized by other unlawful means. The Appellate division held that the suppression motion should not have been granted and remanded for further proceedings. Following a call from a robbery victim, police located 2 suspects in the vicinity matching the description given by the victim. The officer in charge of the investigation ordered that the suspects be brought before the victim for a show-up identification. Prior to transporting Salladino to the show-up, a police officer conducted a pat-down search of the defendant to ensure the defendant has no weapons. During the frisk, the officer felt a "hard bulge" and retrieved a pill bottle without a label or lid which contained 83 Percocet pills. The officer seized the pills but made no arrest regarding the Percocet. The suspects were positively identified by the victim during a show-up identification and they were arrested. At no time between the stop and the arrest could the defendant have removed the pills from his person without notice by the police, therefore, the Percocet would have been inevitably discovered during the search incident to arrest even though retrieving the pill bottle from the defendant's person exceeded the scope of a Terry stop as there was no reasonable basis to conclude the defendant was armed and the officer never claimed he believed the "hard bulge" was a weapon. If you are facing drug charges and believe evidence obtained against you may have been obtained in violation of your rights, you should consult with an experienced criminal defense attorney immediately. For more information about controlled dangerous substances, robbery, warrantless searches, CDS in a motor vehicle or other criminal issues in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Sexual Assault Sentence Requires Explanation

The defendant in State v. R.D. was convicted, in a non-jury trial, of 6 counts of 2nd degree sexual assault (N.J.S.A. 2C:14-2(b)) on his daughter C.D. while she was under the age of 13, 3 counts of 2nd degree engaging in sexual conduct that would harm, impair, or debauch the morals of a child while under a legal duty to care for her (N.J.S.A. 2C:24-4(a)) , aggravated assault on his daughter while she was under the age of 13 (N.J.S.A. 2C:14-2(a)(1), one count of 3rd degree terroristic threats (N.J.S.A. 2C:13-3a) to her if she disclosed the abuse and 1 count of 3rd degree attempt to cause or recklessly cause significant bodily injury (N.J.S.A. 2C:12-1(b)(7)) to C.D. The state presented witnesses on child sexual abuse. C.D. and the defendant lived in the same household from birth and the abuse became more invasive and frequent as she aged reaching a number of several times monthly and including penetration. Defendant failed to testify or present witnesses. The Bergen County trial judge sentenced defendant to an aggregate 70 year prison sentence which was subject to the No Early Release Act (NERA) (N.J.S.A. 2C:43-7.2). Defendant appealed based on the court's reliance on opinion testimony concerning Child Sexual Abuse Accommodation Syndrome (CSAAS) by the State's expert and errors and omissions in the judge's sentencing analysis. The NJ Appellate Division heard the appeal as to the errors and omissions but affirmed the convictions. Due to the trial judge's failure to make clear for which sentences were intended to be consecutive or concurrent, failure to set forth the Yarbough factors to justify any consecutive sentences and failure to specifically set forth any jail credits or "gap time" credits defendant may be entitled to the Appellate Division remanded for resentencing. If you are facing charges for sexual assault, endangering the welfare of a minor or similar charges, you should consult an experienced criminal defense attorney immediately. If you are convicted or plea to a sex crime in New Jersey, in addition to incarceration you face lifelong listing on a registry which can affect your ability to obtain employment, restrict where you may reside and generally have a negative impact on the remainder of your life. For more information about soliciting a minor, statutory rape, child molestation, internet crimes, child pornography or other sex crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.