Diversionary programs for criminal offenses

Posted January 20th, 2015 by .

Categories: Criminal Defense.

criminal-defenseLet’s face it.  Everyone can make a mistake.  More than likely, it is the reason that there are diversionary programs in place for certain criminal offenses.  Diversionary programs?  What exactly does that mean?  In short, diversionary programs are set up by the court and can result in the dismissal of a case with certain requirements.

First, for some of the diversionary programs, you only get one chance at avoiding steeper penalties.  A second chance is only that; you do not get to make multiple mistakes.  Here are the diversions available in New Jersey:

  • Pretrial intervention: Pretrial intervention is intended for first time offenders as a means of rehabilitation. It also has a supervisory component.  In most incidences, there is a requirement that the crime is victimless.  The premise behind pretrial intervention or “PTI” is to dissuade the defendant from a continued life of criminal activity.
  • Conditional Dismissal Program in Municipal Court: This program started last January and is only available to defendants who commit a disorderly persons or petty disorderly persons offense after January 4, 2014.  However, the program is not available for certain offenses, such as those involving domestic violence or driving under the influence of alcohol. Drug offenses graded as disorderly persons offenses are excluded from this particular conditional dismissal program.
  • Conditional Discharge for Municipal court drug offenses: Supervisory treatment under this section of the law could include confinement to a rehabilitation center. Generally speaking, a person placed under supervisory treatment using this program can expect to lose their license for a minimum of six months.

There are other types of diversionary programs available for court cases.  For example, some courts employ the use of mediators.  These save the court time and thus, money.  When an agreement is reached in mediation, the judge dismisses the case.  This is particularly useful in community dispute cases.  There are no limit on the number of times an individual can attempt to have separate matters resolved by mediation.

The court system can be a complicated process.  There may be a chance that a diversionary program may be your opportunity to correct a mistake.  The Law Offices of Anthony Carbone has worked with these types of programs for many years.  If you are faced with criminal charges, please call us for a complimentary consultation.

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