Legal Question in Criminal Law in New Jersey

Charged with fraudulent use of credit card worth $30. Told police everything. I am 18 with only one misdemeanor. Am I eligible for pti? Can I face jail time? How much will fines be? Police say getting a lawyer is a waste of money now since I told them everything. Please help.


Asked on 7/06/12, 11:27 am

1 Answer from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

it is unfortunate that you confessed everything to the police before speaking to an attorney (this is what you seem to say) but in answer to your question if you are only charged with allegedly using a credit card to charge $30.00 on the card, it would most likely be graded as a disorderly persons offense. This means that the case would be handled in the municipal Court and PTI is not available in municipal court. You would need to be charged with an indictable offense 3rd or 4th degree and have the case handled in County Superior Court to be PTI eligible. In some situations in Municipal Court, some prosecutors may offer to hold the charge open for a period of time, 3 months or 6 months or longer and if the person does not get into any further trouble then the prosecutor would agree to recommend that the Court dismiss the charge at the end of the 6 month period. since you have one prior misdemeanor conviction, this would probably not be an option. Again, it sounds like you will be facing a disorderly persons offense and yes a court can impose jail time. If it is a DP the fines could be up to $1,000.00. It doesn t need to be, this is all in a Judges discretion. However, if you have only one prior, there is a good chance that a prosecutor would agree to recommend a fine and probation at worst in exchange for a guilty plea to either the offense as written or a downgraded charge. Where were you arrested? Again, I do not know if you will be charged with a DP offense or an actual indictable, i am just basing my amswer on what you have written, If your case ends up in County Superior Court and this is your first Indictable offense, then you should have a shot at PTI. Do you know what Court you need to appear in? If you are staying in Municipal Court that will answer your question regarding PTI. Anyway I hope that helps, feel free to call with any questions my consultations are free. (201)-342-5030.

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Answered on 7/09/12, 2:43 pm


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