what happens to a case

if a person has a charge of theft by deception but its been 8 years since they recieved the charge what should they do and what do you think will happen it the first an only offence

Asked on June 8, 2009 under Criminal Law, New Jersey

Answers:

Martin Matlaga / Martin D. Matlaga, Esq., LLC

Answered 11 years ago | Contributor

One of the things that should be considered is "speedy trial" under Barker v. Wingo and State v. Szima. Much will depend on the reason for the delay. If, for example, the individual changed his

address without informing the authorities, this would not be very helpful. Also, what degree is the

charge of Theft? $75,000.00 or more is 2nd degree Theft. $500.00 or more is 3rd degree Theft.

$200.00 or more is 4th degree Theft and less than $200.00 is a disorderly persons Theft. If this

is the person's first offense, he can make an application to Pretrial Intervention (PTI). 2nd degree

Theft will require the asst. prosecutor's permission to make an application to PTI. If it has been

8 years since the individual received the charge, a bench warrant may have been issued by the

judge for his arrest. This needs to be looked into, as well as the almost certain necessity of

posting bail when he goes to court. Call me at (732)932-7226 (office) or (732)710-0004 (cell).

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think the person needs to talk to a defense attorney, ideally one who practices in whatever county the charge was filed in.  One place to find a qualified lawyer is the bar association's lawyer referral service, which is listed in the telephone book, and another is our website, http://attorneypages.com

More than likely, there is an arrest warrant out for the person charged, if they never went to court.  That will have to be dealt with, and it's almost certain that the person will have to post bail.

After that, a lot will depend on the facts, and whether the prosecutor still wants to go ahead with the case.  If so, the person charged might be allowed to enter the Pretrial Intervention program (PTI), which is similar to probation and runs from one to three years;  if the person finishes the program and satisfies all the requirements, the charges are dropped.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.