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Home > New Jersey State
Published September 26, 2014 by Yuri Starikov

28-Day Rule of New Jersey Pretrial Intervention Program

New Jersey State maintains pretrial intervention program (“PTI”).  The program allows individuals to avoid prosecution for the charges pending against them.  PTI goal is to rehabilitate individuals and return them to the community without criminal conviction.  The program is not for everyone, and has a list of limitations and criteria outlined under N.J.S 2C:43-12.  Additional PTI criteria requirements have been promulgated by the Supreme Court under Rule 3:28, which among other things adds time requirements for PTI submission: Application for pretrial intervention shall be made at the earliest possible opportunity, including before indictment, but in any event no later than twenty-eight days after indictment. (emphasis added). Is there anything that can be done by individuals, that are otherwise PTI eligible, but missed the 28-day filing time frame?  One obvious answer is “it depends” on the circumstances of that individual.  The “it depends” phrase also implies that the 28-day rule can be applied flexibly.  The extend of flexibility depends on the prosecutor. Prosecutor has great discretion to decide whether a defendant should be admitted into PTI.  State v. Wallace, 146 N.J. 576, 582 (N.J. 1996).  The discretion includes prosecutorial consent to apply for PTI “out of time.” State v. Horner, 2012…

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Criminal Law

Diversion New Jersey State

Published November 19, 2012 by Yuri Starikov

Collateral Consequences of Convictions

The American Bar Association made a substantial progress to ease the burden on defense attorneys by making available the search database – National Inventory of the Collateral Consequences Of Conviction – that attempts to unify maze of collateral consequences any defendant may confront as a result of being convicted.  The search database is in spirit with Uniform Collateral Consequences of Conviction Act (UCCA), that was written in response to a hidden multitude of adverse civil consequences that were faced by defendants as a result of these convictions, including housing, employment, and public benefits.  To the knowledge of the author, no state has enacted yet enacted UCCA. Padilla v. Kentucky made clear that, at least in an immigration context, that defense counsel has obligation to advise the adverse effects of conviction on defendant’s immigration status (e.g. deportation proceedings).  An argument can be made that Padilla principles can be extended to adverse civil effects beyond immigration context.  To accept this argument, means to accept additional labor intensive exercise that the defense counsel must engage in to sort through prospective maze of consequences that potentially apply to a client.  This realm of probabilities is substantially reduced when attorney (or defendant) utilizes the National…

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Criminal Law Immigration Law Legal Profession

New Jersey State New York State Rules of Professional Conduct

Published March 9, 2012 by Yuri Starikov

CLE Minimal Dual Compliance for Newly Admitted Attorneys: NY & NJ

This article explores what it takes to comply with New York and New Jersey continuing legal education (CLE) requirements from the perspective of the New Jersey barred attorney who lives in New York and who has been recently admitted.  New Jersey continuing legal education requirements have been already explored earlier in this article.  The goal of the article is to establish minimum CLE compliance in both states taking advantage of reciprocity rules. I am not the first, nor I am certain the last commentator about NY-NJ CLE reciprocity requirements.  Tim Baran, for example, addressed this issue in his article “Comparison of New Jersey and New York CLE Reciprocity.”  Although Mr. Baran’s article seems to be written from the perspective of CLE service provider rather than an attorney consumer, one can still sense a frustration from the jurisdictional disharmony.  The CLE industry in New York seems to be adapting well.  New York County Lawyers’ Association became New Jersey’s “Accredited Service Provider” and now offers courses that qualify for CLE credit in New Jersey.  It is interesting to note that instructions state “[w]hen registering for a live program please indicate on the “customer instructions/comments” section of the online order form that you…

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Legal Profession

New Jersey State New York State

Published February 29, 2012 by Yuri Starikov

Maintaining Eligibility to Practice Law in New Jersey

Newly admitted NJ attorneys have three important requirements to maintain their eligibility to practice law in New Jersey: continuing legal education (CLE), bona fide office requirement, and the annual payment to the New Jersey Lawyers’ Fund for Client Protection.  It is important to note that CLE and office requirements are necessary to maintain one’s eligibility to practice law in New Jersey.  See Newly Admitted Attorney letter signed by Secretary Mark Neary.  Secretary Neary draws a distinction between maintaining eligibility to practice law and actually practicing law. Continuing Legal Education This requirement is established under the Rule 1:42.  NJ CLE Board establishes additional requirements. The rule requires attorneys to participate in 24 CLE hours during the 2-year period.  Credit hour is defined as a 50 minutes of instructions.  BCLE 103:1(j).   4 of these 24 hours must have ethics concentration.  Additional requirements apply to newly admitted New Jersey attorneys.  New NJ attorneys must obtain 15 credit hours in any five (5) of the following subjects: NJ basic estate administration NJ basic estate planning NJ civil or criminal trial preparation NJ family law practice NJ real estate closing procedures NJ trust and business accounting NJ landlord/tenant practice NJ municipal court practice NJ…

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Legal Profession

New Jersey State

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