Legal Question in Criminal Law in New Jersey

Would you accept PTI if you were innocent?

6 mos ago, p/o stepped into my home and arrested my hubby. At the time, we had no knowlege of how he could be accused of being guilty of a crime that he didnt commit. After 4 days, they let him out of jail ROR and dropped the original $350,000.00 bail that was set! We obtained an atty who's been playing softball w/the prosecutor. The pros has been lying and fishing 4 the past 6 mos by saying he has my husband on film, then he had pictures, then he had proof that my husband's vehicle was in the wrong place at the wrong time. All along my hubby and I have maintained his innocence saying that the pros cannot have any of things b/c my husband is innocent. Now our atty has advised us, that he spoke with the pros and the pros has admitted to not having anything. but still says he has a lay witness. He is offering my husband PTI. My husband is afraid to go back to jail and we have already paid out thousands of dollars that we borrowed in legal fees b/c of this, he wants to take PTI. I say no continue to clear your name but we take the chance of my hubby being jailed for 10 yrs for a crime he didnt commit and paying out more $.

My husband has NO prior record. He works hard, we have 5 kids. What would you do if it were you?


Asked on 7/19/07, 3:59 pm

3 Answers from Attorneys
steven traub Traub & Tumaian, LLP

Re: Would you accept PTI if you were innocent?

It depends. Before making a decision like this, the police reports should be reviewed thoroughly. If it appears that there is a possiblity of a conviction, PTI might be an appropriate option. You may want to consult with another attorney to get a second opinion.

You should also know that 6 months after PTI has been terminated, your husband will be able to have his arrest record expunged.

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Answered on 7/19/07, 4:14 pm
Gary Moore Gary Moore Attorney At Law

Re: Would you accept PTI if you were innocent?

You seem to be totally out of your depth. You only know what your lawyer and husband tell you which may be less than the entire truth.

My rule of thumb is that if a client has a case where a conviction is POSSIBLE he should take the safe route of PTI supervision followed by the dismissal of the charge or charges.

There is a subtext to all this and that is that your husband's relationship to you is probably as important as avoiding jail. Tell your husband to take the safe route because you are recommending clearing his name and he is not in a position to argue against this advice without telling you whatever he is not telling you.

I would also suggest that you ask your husband's attorney for a copy of all of the state's proofs so that you know what your husband's situation actually is.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/19/07, 4:44 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Would you accept PTI if you were innocent?

We love to take cases to trial and really fight for our clients. But to turn down PTI is a rare event and is something I can't imagine suggesting unless the case is really, really bad and there is a excellent shot at winning. Even then, we would probably give the client the options without making any suggestion one way or the other. There is no way any of us can put ourselves in his position and say what he should do.

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Answered on 7/19/07, 5:19 pm


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