Client Gains Entry into PTI on 2nd Degree Eluding Charges in Freehold
Keith G. Oliver of Keith Oliver Criminal Law was able to convince the State to allow their client to gain entry into the Pretrial Intervention Program on second degree eluding charges in Monmouth County. Our client, who had just turned nineteen, was originally charged with eluding in the third degree following an incident that took place our Route 36 in the Borough of Eatontown. Unfortunately for our client, once the case was transferred to the Monmouth County Prosecutor’s Office, they were able to secure an Indictment on a second degree felony. This was a significant increase for our client. As now, he went from facing a third degree indictable offense that comes has a presumption of non-incarceration to facing a second degree indictable offense that has a presumption for incarceration. Not to mention the potential for a five to ten year prison sentence that also comes along with a second degree felony. One of the many benefits of the Pretrial Intervention Program is that if the individual successfully completes the program, without issue, the charges will be dismissed outright. If you or a loved one has been accused of eluding in Monmouth County, the Keith Oliver Criminal Law can help. If you would like to speak to Mr. Oliver, who heads up our Monmouth County criminal defense practice, please contact our office at 732.858.6959. Now here is some information on the previously discussed case.
How to Get into the Pretrial Intervention in Program on Eluding Charges
Once Mr. Oliver obtained the discovery in the matter it was obvious that once the Monmouth County Prosecutor’s Office received the case that the charges were going to be upgraded from a third degree to a second degree. The only difference between a third degree and a second degree eluding is whether the “defendant’s flight or attempt to elude creates a risk of death or injury to any persons”. Furthermore, pursuant to NJSA 2C:29-2b, “there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if that person’s conduct a violation of Chapter 4 of Title 39….” (Chapter 4 of Title 39 covers traffic violations). Once the case was indicted, we obtained full discovery from the Monmouth County Prosecutor’s Office. After receiving full discovery, which included police reports, Bodycam footage and MVR footage, we started to mount our defense. After reviewing all the discovery, we learned that the entire incident, including the initial attempt to stop our client was captured on the MVR. It was clear from reviewing the footage that a valid argument could be made that although our client was driving erratically, the officer was far enough in the distance that our client could have been unaware of the fact that he was the subject of the motor vehicle stop. Based on this and other defenses that we developed after reviewing the discovery, we countered the Prosecutor’s original three year New Jersey State Prison offer with the Pretrial Intervention Program. Since our client was charged with a second degree offense we needed to submit compelling reasons with his PTI application, which we did. After the Prosecution reviewed all the significant mitigating information we were able to provide, they agreed that our client deserved admittance into the PTI program. This was a tremendous result for our client as his initial offer was for three years New Jersey State Prison and now provided he completes the term without violating any of the conditions imposed, the charges will be outright dismissed and he will never serve a day in jail let alone prison. For additional information on eluding police charges in New Jersey, please click the link.
How Does Pretrial Intervention Work in New Jersey?
Pretrial Intervention is a diversionary program in New Jersey that allows certain defendant’s the ability to bypass the traditional methods of prosecution and be placed on a probationary period. If the defendant completes the probationary period without violating any of the conditions imposed by the Court, the charges will be outright dismissed. In order to gain admission into the program, the defendant will need to make a formal application through the Criminal Division. Once that application is received, an interview of the defendant will be conducted. Once that interview is conducted, a formal packet will be developed. Based on the information in that packet the Monmouth County Prosecutor’s Office will review the application and issue a written memorandum putting forth either the reasons for why they will be admitting or denying the defendant’s admission. If a defendant is formally denied entry that decision can be appealed. For more information on the Pretrial Intervention Program and how it operates in Monmouth County, please click the link.
Consult with a Monmouth County Eluding Defense Lawyer Today 732-858-6959
As you can tell from reading above, eluding is very serious criminal offense in New Jersey and if not handled properly, could lead to an individual being sentenced to a decade in prison. If you or a loved one has unfortunately been charged with eluding, assault by auto, resisting arrest, endangering the welfare of a child or driving while intoxicated in Monmouth County, we can help. If you would like to set up a free initial consultation today, please contact our office at 732.858.6959. We serve all of Monmouth County, including towns Freehold, Middletown, Holmdel, Hazlet, Wall Township, Ocean Township, Asbury Park and Manalapan. If you have any questions whatsoever, please do not hesitate to contact us. Do not let a simple lapse in judgement jeopardize your entire future.
State v. H.R. (2022)