Using ATRA to Get Charges Dismissed in Atlantic City Municipal Court
Client Avoids Jail After Receiving Treatment for Alcohol
Recently, one of our clients was charged with two very serious offenses: 2C:29-1B (Obstructing administration of law or other governmental functions) and 2C:33-2A(1) (Disorderly Conduct) in Atlantic City Municipal Court. 2C:29-1B (Obstructing administration of law or other governmental functions) is a crime of the Fourth Degree and 2C:33-2A(1) (Disorderly Conduct) is a petty disorderly offense . If found guilty of these charges, our client could be sentenced up to 18 months in jail for violation of 2C:29-1B and 6 months in jail for violation of 2C:33-2A(1) (Disorderly Conduct) .
After a review of the state’s case against our client and extensive negotiation with the municipal prosecutor, our office was able to get charges against our client dismissed pursuant to the Alcohol Treatment Rehabilitation Act (ATRA).
ATRA applies to criminal offenses committed where alcohol is involved during the commission of the offense, or is determined to be an underlying factor in the commission of the offense. The court may “stay” the case provided the defendant agrees to be evaluated and treated in a sixty or ninety day alcohol rehabilitation program. Once this program is successfully completed, the charges may be dismissed in the discretion of the court. An ATRA stay is not available for traffic violations.
Needless to say, our client was thrilled with the outcome of his case. If you or a loved one needs representation in the Atlantic City Municipal Court or any other municipal court in New Jersey, contact the Municipal Court attorneys at DeMichele & DeMichele. Help protecting your rights is only a phone call away (856) 546-1350. Don’t just plead guilty. The attorney’s at DeMichele and DeMichele, P.C. can help.
PLEASE NOTE: The outcome of every municipal court case is fact specific. Your particular case results will vary depending on a wide range of legal and issues and factors. The facts of your case may not apply to or relate to the results of the case described above.