Successful Case Analysis

Diversion Into Pre-Trial Intervention - Case Ultimately Dismissed

Facts: The Client was arrested and indicted for a violent assault that resulted in significant injuries to the alleged victim.

Criminal Charges Brought: The Grand Jury returned a number of charges, the most serious of which was Aggravated Assault, a Level 2 Offense in New Jersey. (Similar to Assault in the First Degree, a Class B violent Felony in New York.)

The Bergen County Prosecutor’s Office Initial Position: The client was charged and indicted by the Grand Jury while represented by previous counsel. The plea offer to my client, by the time my office was retained, was a plea to the charge and five (5) years in state prison.

My Office's Approach: After a thorough review of the facts, it became clear that there was a viable self-defense claim that should have been presented to the Grand Jury. Since previous counsel had failed to take advantage of that opportunity, my goal was to convince the prosecutor that the self-defense claim was legitimate and had a significant chance of success at trial.

Successful Result: After a nine month period of negotiation, the State Prosecutor ultimately granted special permission for this Level 2 Assault case to be diverted out of the criminal justice system and into the Pre-Trial Intervention Program (PTI). The client successfully completed a twelve (12) month period of probationary-type supervision through PTI, and the case was ultimately dismissed.

Final Analysis: The case required careful and sophisticated intervention with the Bergen County Prosecutor’s Office. The goal was to enable the client to obtain a just result, equal to a success after trial. As a practical matter, the successful completion of the PTI program resulted in a dismissal of the entire indictment. A gratifying success in all respects for the client.