One of my associates, Keith G. Oliver just finished representing an individual who was charged with one count of Aggravated Assault, in violation of N.J.S.A. 2C:12-1B(1) in New Jersey. The victim of the alleged aggravated assault was the defendant’s then girlfriend, with whom he had been dating for over two years. To make matters worse, the defendant was not an american citizen and had in fact overstayed his work visa for about four years. Therefore, if the defendant was convicted of this offense he would have not only been facing five – ten years in a New Jersey State Prison because this is a crime of the second degree but he would also have been deported.
Mr. Oliver had the defendant apply to the Pre Trial Intervention Program (PTI) knowing that getting the defendant into the program would be the only way he could possibly remain in the United States. Before a defendant can be accepted into the PTI program they must be formally interviewed by the probation department. Then based on the information gathered and the underline facts of the case, the probation department and the prosecutors office will make their own independent decision on whether or not the defendant would be a good candidate for the program. Traditionally, both departments must conclude that the defendant should be accepted, however, the prosecutors office does possess the right to override the probation departments decision and accept the defendant.
In the case at hand, the defendant was accepted by the probation department but outright rejected by the prosecutors office. They claimed that the severity of the injuries and underline nature of the crime was too egregious to allow the defendant the opportunity to remain in the United States let alone walk away from this situation without a criminal record. Mr. Oliver filed a Pre Trial Intervention appeal, knowing that this was the defendant’s only chance of remaining in this country. Right before the PTI appeal was set to be heard, the handling attorney, Mr. Oliver, was able to persuade the prosecutor’s office to allow the defendant the opportunity to enter the program. The defendant now afforded the opportunity to remain in the Country gladly accepted the PTI offer and withdrew his PTI appeal. But for the defendant being accepted into the program, he would have definitely not only been deported but would have had to serve a lengthy prison sentence prior to being deported. If you or someone you know has been charged with aggravated assault we can help. Please contact any one of our Bergen County offices for a free initial consultation.