Can I Get PTI If I Have a Previous Conditional Discharge?

A previous conditional discharge prevents defendants from entering the pretrial intervention program (PTI), the New Jersey Appellate Division has ruled. If you have been charged with a criminal offense, the Law Office of Jason T. Komninos can help.

The decision in State v. Richard Gomes combined the appeals of several defendants. Each defendant previously entered the conditional discharge program for possession of marijuana under N.J.S.A. 2C:35-10(a)(4). Their possession charges were dismissed after they successfully completed the conditional discharge program.

However, the defendants in this case were facing new charges. Richard Gomes was charged with fourth degree assault by auto under N.J.S.A. 2C:12-1(c)(2). Moataz Sheira was charged with two counts of third degree possession of cocaine and heroin under N.J.S.A. 2C:35-10(a)(1). Jason Chiriboga was indicted with two counts of third degree conspiracy to commit burglary under N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; two counts of third degree attempted burglary under N.J.S.A. 2C:5-1 and N.J.S.A. 2C:18-2; three counts of third degree conspiracy to commit credit card fraud under N.J.S.A. 2C:5-2 and N.J.S.A. 2C:21-6(h); three counts of third degree theft by deception under N.J.S.A. 2C:20-4; and fourth degree receiving stolen property under N.J.S.A. 2C:20-7(a). Maju Barry was indicted with third degree attempted theft under N.J.S.A. 2C:20-3(a) and second degree robbery under N.J.S.A. 2C:15-1.

For their new charges, they sought to enter the pretrial intervention program. This would also mean that their new charges would be dismissed upon completing the program. However, the Appellate Division ruled that the prior use of the conditional discharge program prevented the defendants from now entering PTI.

Despite this latest ruling, if you have been charged with a crime in New Jersey, it is critical to speak with a criminal defense attorney about your rights. Call 201-343-4622 to schedule a consultation with the Law Office of Jason T. Komninos.