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.

We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing criminal charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, and Warren County and any town including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington ,Haddon Heights ,Pine Hill ,Bellmawr ,Haddon Township , Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.



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Criminal Civil Lawyer

Jeffrey Hark is a New Jersey Civil and Criminal Lawyer.

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