Our office recently defended a client who had been placed on probation for conspiracy to distribute drugs and possession of an assault weapon under 2C:39-9g but then violated his probation by moving out of state and not reporting (referred to as absconding) for several years. His whereabouts were officially unknown for approximately twelve (12) years while he was on the run as a fugitive. However, during this time he had gotten married, had children, and secured a good job in Florida. Recently he was arrested in Florida after being pulled over for speeding and it came up in the system that he had a violation for probation in New Jersey from years earlier. Based on this the Florida police took him into custody for several weeks until he could be extradited back up to New Jersey to address his old charges.
We were able to speak with the County Prosecutor and probation officer assigned to the case and put forth a compelling argument that our client had turned his life around now and that this amounted to a substantial change of circumstances from the original charges. Moreover, we were able to convince the court that any further incarceration would only act as a giant set back and create a hardship for our client and his family instead of serving to help. Based on these persuasive arguments, the prosecutor and probation officer agreed to dismiss the case against our client and release him from jail that day so he could be reunited with his family and return to Florida.
State v. W.W. decided October 21, 2016