Monmouth County Jail

Published on: September 18, 2012

How to get Pre-Trial Intervention (PTI)?

Often times, people who lead productive law abiding lives make a mistake in their adult life, that leads to an arrest. Of course, a criminal record can lead to loss of a job, embarrassment and other life changing events. If you are a first time offender, PTI may be a way that you can keep a “clean” record. If you or a loved one has been charged with a felony offense, it is important to understand how PTI (pre-trial intervention) works, so that your future in no tainted by one event in poor judgment.

Whether you live in Monmouth, Ocean, Middlesex County or any other county in New Jersey, PTI supervisory programs are available in each county in the State of New Jersey. Usually, PTI is for 3rd and 4th degree offenders, however, an experienced criminal attorney could attempt to have the Prosecutor allow a 2nd degree offender apply to the program, and hopefully be accepted.

In order to be accepted, there is a two-phase application process, first you must be accepted by the probation department and then by the Prosecutor’s Office. Usually, PTI is for a 12 to 18 month time period. During the time period of PTI, you will need to report to a probation officer and follow all conditions imposed by the court. If there is an excessive amount of restitution to be paid back, then there might be a long time period for probation, but you can make an early release application. In addition, there is a community service component that one must complete which can range from 45 hours to 120 hours. All fines are to be paid through probation. It is important if you are accepted into PTI to comply with all conditions because you can be terminated and then face the original charges. After completion of PTI, you must wait 6 months to have the matter expunged.

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Published on: June 25, 2011

Monmouth County Possession of Marijuana Less than 50 grams

By Tara Breslow-Testa, Esq.

If you have been charged with the crime of Possession of Less than 50 Grams of Marijuana, you have been charged with a crime that many other individuals have been charged with throughout Monmouth County. Often times people are arrested for Possession of Marijuana in a driving a motor vehicle after getting pulled over by the police. Or sometimes, the marijuana is found on an individual incident to another arrest.

This offense is considered a disorderly persons offense. If found guilty of the charge, it will go on your record, and it cannot be expunged for 5 years following the date of conviction, date of completion of probation or date all fines are paid off, whichever date is the latest in time. Also, you can face up to 6 months incarceration, loss of a driving license and additional fines and penalties. If you have been charged with this offense, an experience attorney might be able to negotiate ae conditional discharge for you or a possible dismissal.

If you are an adult on the date of arrest then the matter will be heard in the municipal court of the town where you were arrested. If you are a juvenile then your matter will be heard in the the family division of the Superior Court. Ms. Breslow is extremely familiar with juvenile matters and knows how to get the best possible results in the juvenile courts.

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Published on: February 3, 2011

Monmouth County Correctional Institution (MCCI) is cleared of wrongdoing by Monmouth County Prosecutors Office

By Tara Breslow-Testa, Esq.

Last year, Amit Bornstein died in Monmouth County Jail in Freehold. He was a 22 year old man from Marlboro who took care of his brother while his father was traveling abroad. In July of 2010, he was arrested at his home following a failure to appear in court on minor offenses. He was forcibly restrained by officers after he allegedly because abusive to the officers during his intake. Then, seven hours later he was found dead at Monmouth County Jail, in Freehold, NJ.

Recently, the Monmouth County Prosecutors Office cleared the officers involved of any wrongdoing and closed the case. Monmouth County Prosecutor Peter E. Warshaw Jr. said that his decision to close the case was based upon a medical examiner’s autopsy report, which found that Bornstein had a pre-existing fatal health condition. In the report, the medial examiner explained that Bornstein resisted restraint by refusing to place his hand behind his back to avoid being handcuffed. Shortly thereafter, Bornstein was pepper spray, shackled and still resisted. About an hour later, his heartbeat slowed and his died. He did have restraint marks on his body but this was found to have been caused by his owns resistance to the officers. The family believes that he was brutally murdered and they are filing suit.

This situation raises many questions. First of which is how come this intake area is not under video surveillance? And if Bornstein was restrained as described why was he not under constant surveillance? What did the other detainees witness? The intake area is a busy place, did any of the other detainees get interviewed and give statements?