Defendant with prior record & pending weapons charges receives PTI
Keith G. Oliver, an associate at my Bergen County Office, was able to get a defendant who has five prior criminal convictions into the Pre Trial Intervention Program. Pre Trial Intervention (“PTI”) is a diversionary program in New Jersey. If the Defendant successfully completes all the terms imposed by the Judge, the currently pending indictable (felony) charges will be outright dismissed. This program is typically for first time offenders who are charged with low level, non-violent offenses. Some of the common conditions imposed by the Judge are as follows: remain arrest free, drug free, community service, make restitution if applicable and complete any rehabilitation programs which may be required. For more information about PTI please checkout our pre-trial intervention page.
The Defendant in this case was charged with providing false information on a gun permit application. Under N.J.S.A. 2C:39-10, violation of the regulatory provisions relating to firearms; false representation in applications, is a crime of the third degree. If convicted of a third degree offense, the defendant could be sentenced anywhere between three to five years in State Prison. Once discovery was received and reviewed, Mr. Oliver became aware that the Defendant’s prior criminal history was out of Michigan. The importance behind this fact is related directly to the wording of the question which his client was alleged to have falsified. In order to be convicted of N.J.S.A. 2C:39-10, the State would have to prove beyond a reasonable doubt that the Defendant knowingly falsified the said application. Based on the ambiguity in the question, Mr. Oliver was able to convince the Prosecutor’s Office to allow the Defendant, who as stated earlier had five prior convictions, the opportunity to participate in the Pre-Trial Intervention Program. Therefore, not only is the Defendant avoiding a potential five year state prison sentence but he will also be able to keep his employment since he will not be convicted of a felony.
The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm. We have handled all types of criminal matters; including but not limited too the unlawful possession of a weapon, aggravated assault, cocaine distribution, marijuana possession, carjacking and driving while intoxicated. If you or someone you know has been charged with a criminal offense, we can help. Please contact any one of our Bergen County Offices for a free initial consultation with one of our eight criminal defense attorneys on staff.