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Articles Posted in Possession Of Marijuana

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This New York Times article discusses the debate over random drug testing in high schools in New Jersey. I will be interesting to see if this goes through, and what the legal ramifications are for those who test positive.

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If you or a loved one has been charged with a felony offense, it will likely that your matter will be sent to the Superior Court in the county where you were arrested. For example, if you were arrested in Monmouth County, your matter will be transferred to the Superior Court located in Freehold. Once the matter is transferred it will undergo a screening process, and it is possible that prior to the matter being sent to the Grand Jury for Indictment, the matter will be sent to the Pre-Indictment Court, otherwise known as PIP court. Judge Kilgallen is the newly assigned Judge who presides over PIP court in Monmouth County.

It is not always beneficial to accept a plea deal in PIP court. However, sometimes it is the best deal that a defendant will ever be offered. It is important to know the risks as well as the benefits of accepting or rejecting a plea offer. An experienced criminal defense lawyer in New Jersey can help advise you whether this will be the best deal or if you can do better if you wait.

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Drug Court has been a successful addition to the court system as it has treated non-violent offenders who suffer from drug additions throughout the state of New Jersey. The rates of recidivism for drug court graduates have proven to be minimal as compared to the rates for drug offenders. There is no doubt that drug court has changed many lives, but now it seems that Governor Christie is trying to expand this program in order to avoid increased incarceration for those who suffer from addition.

As part of drug court, a person has to complete the recommended drug treatment program, and then remain on probation for 5 years. The individual is highly monitored by the Drug Court Team including drug testing, proof of employment and weekly appearances in court. Even though Drug Court is a commitment and time consuming, often times it is a way to avoid incarceration. This year has been an exciting year as Governor Christie has showed tremendous dedication to expanding the program to many of those who otherwise could not get in prior.

In 2012, Governor Chris Christie has made monumental strides in trying to expand the Drug Court Program in New Jersey. This new program will provide for drug programs and treatment for those appropriate candidates, to be implemented over a five year time period.

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Juvenile matters are heard in the Family Division within the Superior Court usually where the crime occurs, or it can also be the county where the juvenile resides. Often times, if it is the juveniles first “run in” with the law, the juvenile is be eligible for a deferred disposition. This means that the juvenile will not have to be finger printed or give a DNA sample, and if he or she remains arrest free and complies with the other conditions, the adjudication will not go on their record.

Often times if these charges are serious or involve a burglary or if there is excessive restitution, the Prosecutor might oppose such disposition. If that occurs, then an experience New Jersey criminal lawyer can make a persuasive argument to the judge, and the judge could give the juvenile this opportunity. Also, there is the option of doing a back-ended deferred disposition, which means that for the time period of probation the disposition will remain on their record, however, if they complete the time period without any arrest and follow all conditions, then the disposition will be removed from the juveniles record.

This law office has helped thousands of juveniles get this type of result, giving them a second chance.

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Often times, people who lead productive law abiding lives make a mistake in their adult life, that leads to an arrest. Of course, a criminal record can lead to loss of a job, embarrassment and other life changing events. If you are a first time offender, PTI may be a way that you can keep a “clean” record. If you or a loved one has been charged with a felony offense, it is important to understand how PTI (pre-trial intervention) works, so that your future in no tainted by one event in poor judgment.

Whether you live in Monmouth, Ocean, Middlesex County or any other county in New Jersey, PTI supervisory programs are available in each county in the State of New Jersey. Usually, PTI is for 3rd and 4th degree offenders, however, an experienced criminal attorney could attempt to have the Prosecutor allow a 2nd degree offender apply to the program, and hopefully be accepted.

In order to be accepted, there is a two-phase application process, first you must be accepted by the probation department and then by the Prosecutor’s Office. Usually, PTI is for a 12 to 18 month time period. During the time period of PTI, you will need to report to a probation officer and follow all conditions imposed by the court. If there is an excessive amount of restitution to be paid back, then there might be a long time period for probation, but you can make an early release application. In addition, there is a community service component that one must complete which can range from 45 hours to 120 hours. All fines are to be paid through probation. It is important if you are accepted into PTI to comply with all conditions because you can be terminated and then face the original charges. After completion of PTI, you must wait 6 months to have the matter expunged.