If you successfully completed a diversionary program for a marijuana offense, you remain ineligible for PTI
State of New Jersey v. Richard Gomes.
State of New Jersey v. Moataz M. Sheira
State of New Jersey v. Jason Chiriboga
State of New Jersey v. Maju D. Barry
Decided June 9, 2022.
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark.
In this case the defendants each had prior marijuana charges that were dismissed through the diversionary programs. Each of the defendants were subsequently charged with indictable offenses and each made applications into PTI. Those applications were denied due to their previous diversionary programs. After review, the Appellate division upheld the denials of PTI
By way of background, each defendant has a disorderly persons offense for a prior charge for possession of marijuana, N.J.S.A. 2C:35-10(a)(4), which was dismissed via conditional discharge under N.J.S.A. 2C:36A-1. In each case, dismissal occurred following successful completion of a diversionary treatment program. We next lay out the offenses each defendant was charged with leading to their applications for admission to PTI.
In November 2020, Gomes was charged with third and fourth-degree assault by auto, N.J.S.A. 2C:12-1(c)(2). In March 2021, Sheira was arrested 1 L. 2021, c. 16.A-3477-20 4 and charged with two counts of third-degree possession of cocaine and heroin, N.J.S.A. 2C:35-10(a)(1). In August 2021, Chiriboga was indicted with: two counts of third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; two counts of third-degree attempted burglary, 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, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:21-6(h); three counts of third-degree theft by deception, N.J.S.A. 2C:20-4; and fourth-degree receiving stolen property, N.J.S.A. 2C:20-7(a). In June 2021, Barry was indicted on third-degree attempted theft, N.J.S.A. 2C:20-3(a), and second-degree robbery, N.J.S.A. 2C:15-1.
The court went over the history of diversionary programs and CREAMMA. This is what they came up with. If you successfully completed a diversionary program for a marijuana offense, you remain ineligible for PTI.
If you or someone you know have been charged with any indictable offense or disorderly persons, contact the experienced attorney at Hark & Hark to ensure you are adequately defended.
At Hark & Hark, we represent clients in Superior Court for criminal matters like the present case. We vigorously defend our clients by fighting to uphold their constitutional rights, and ensure law enforcement follow proper procedures to legally make an arrest.
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