Legal Question in Criminal Law in New Jersey
PTI Program
I was recently charged with armed robbery and I was told by the court criminal management I could be eligible for PTI if I had no criminal history. I also have another pending charge for a federal case at the same time. Now my question is am I still eligible for PTI? even though its a federal charge and not a state charge? I have no criminal history besides the federal charge pending. How does the PTI program work? Thanks ...
3 Answers from Attorneys
Re: PTI Program
For information regarding the PTI program, you should review N.J.S.A. 2C:43-12 and R. 3:28. Your admission to the PTI program is wholly dependent upon the prosecutor's approval. During the PTI appilcation you can potentially damage your pending cases. Therefore, you should not apply for PTI without the express advice of counsel. This is particularly true since there is a presumption AGAINST permitting anyone with a first or second degree charge to enter PTI. Further, although some NJ cases stand for the proposition that anything you say during PTI application process can't be used against you later if you are rejected, this simply is not true in actuality. Do yourself a favor and make an appointment with a seasoned criminal defense attorney in your area ASAP. Good Luck.
Re: PTI Program
You may not be admitted into PTI based on the federal charges or if this is an armed robbery (2nd degree!). It sounds like you need to hire an attorney as soon as possible. I am an experienced criminal defense attorney in NJ, if you are interested in retaining my services, I can be reached at 201-646-9600.
Savy
Re: PTI Program
I'm afraid that federal charge or not, you may have trouble with PTI with an armed robbery charge. In any event, don't you have an attorney? You are entitled to one, and if you can't aford one, one will be appointed for you. You should get one, and listen to him, because you are in very serious trouble with an armed robbery charge, which will almost certainly result in a lengthy prison sentence if you don't get some kind of diversion or acquittal. Please don't look for advice on the net for this, get with an attorney, and keep your mouth shut.
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