Call Today! 856-546-1350

South Jersey Law Blog

Using ATRA to Get Charges Dismissed in Atlantic City Municipal Court

Posted by Greg DeMichele | Sep 17, 2013 | 0 Comments

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.

About the Author

Greg DeMichele

Gregory P. DeMichele is a seasoned litigator, devoting the majority of his practice to municipal court, personal injury, residential real estate, and family law matters. Greg has helped countless clients navigate challenging cases in municipal, Superior Court, and Appellate Court proceedings.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

DeMichele + DeMichele, P.C. is committed to answering your questions about Divorce, Custody & Parenting Time, Child Support, Alimony, Personal Injury, Municipal & Criminal Defense, and Real Estate law issues in New Jersey.

We’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Haddon Heights
313 White Horse Pike
Haddon Heights, NJ 08035
856-546-1365 (fax)