Monthly Archives: June 2012

Jail on Careless Driving Approved

 

6/26/12. ┬áToday, the App Div. in State v Palma (approved for publication) decided that both the Moran factors and the Criminal Code agg and mitigating factors (State v Henry) apply to a judge’s decision to give a suspension and jail onca 4-97. I would have said that the court required willful conduct under Moran (but what do I know) . Here a def was charged with only careless, no reckless, no DWI or texting or anything. However, the victim was draggedcunder the defs SUV and later died. The Co Pros reviewed but no criminal charges arose. The case was remanded for further findings.

Jeff Gold

Bill might go thru that allows municipal PTI

6/24/12

A bill advances to allow defendants in municipal court cases treatment similar to pretrial intervention in Superior Court. The bill, A-3096, would create a conditional dismissal program, by which eligible participants would be placed on probationary status for a year or longer. Upon successful completion the charge would be dismissed. The main sponsor, Assemblyman Reed Gusciora, D-Mercer, says the bill is designed to cure a fundamental unfairness in the current system, where diversionary treatment is available for indictable crimes but not for minor offenses.