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Prosecutor’s Discretion In Denying Pretrial Intervention Applications Is Not Limitless

March 7, 2019

STELIOS STOUPAKIS reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division, concerning the Prosecutor's discretion in denying Pretrial Intervention Program ("PTI") applications. Specifically, the Appellate Division slightly tightened the broad discretion originally provided to the Prosecutor in the decision making over PTI applications. PTI generally offers first-time offenders charged with indictable offenses an opportunity to avoid a criminal conviction. Typically, only Defendants charged with non-violent crimes are eligible for PTI; however, as evidenced in this decision, that does not always hold true. The Defendant, in this case, was charged with second-degree aggravated assault and second-degree conspiracy to commit assault and(...)

Kozyra & Hartz, LLC Is Pleased To Announce That Stelios Stoupakis Has Joined The Firm As An Associate

February 15, 2019

Mr. Stoupakis is a graduate of Drew University (B.A. 2001). He is a graduate of St. John's University School of Law (J.D. 2004) where he was a Staff Member of the St. John's Law Review. Mr. Stoupakis was admitted to practice law in the State of New Jersey in 2004. Mr. Stoupakis started his legal career as an Assistant Prosecutor for the Passaic County Prosecutor's Office, under the late Prosecutor James Avigliano. He became an associate at the law firm of DiBiasi & Rinaldi in Nutley, New Jersey, before opening his own law practice as a partner at Koniarelis, Stoupakis & Kalogeras in Fairview, New Jersey. Mr. Stoupakis has experience in criminal, family, domestic violence, real estate, condominium conversions, contracts and civil litigation.

New Jersey Supreme Court Expands Expungement Opportunities

January 17, 2019

STELIOS STOUPAKIS and ROBERT SPAWN report on a recent decision from the Supreme Court of New Jersey. The Supreme Court of New Jersey reversed the Appellate Division's ruling on three consolidated appeals, and, in doing so, established greater expungement opportunities for drug court graduates involved with third and fourth degree drug sale offenses. Three individuals applied for expungement under N.J.S.A. 2C:35-14 (m) upon their completion of drug court rehabilitation. Each had criminal records with various prior convictions and arrests, and all had successfully graduated the drug court program on May 17, 2016. Additionally, each was employed full-time and was current on payment of all fines, costs, etc. While a trial court granted the applications, on appeal the Appellate(...)

Barry A. Kozyra Mentored Students At The Nutley High School For The 2019 Mock Trial Competition Held At The Essex County Courthouse

January 17, 2019

Barry A. Kozyra acted as lawyer-coach with Chris Bradley as teacher-coach and mentors to students at Nutley High School for the 2019 New Jersey State Bar Foundation's Mock Trial Competition. Mr. Kozyra met with the student teams regularly to instruct on trial procedures such as opening and closing statements, preparing fact or expert witnesses for direct and cross-examination and introducing documents as evidence for use at trial. "I have been involved with the NJSBA Mock Trial program through the Essex County Bar Association since my days as a young lawyer. It is an opportunity for the students to have a hands-on involvement in what it is like to be a lawyer or witness in a trial in a real courtroom. The Nutley High School team exhibited the best traits to be good lawyers as they(...)

All Attorneys At Kozyra & Hartz, LLC Join In Donation To The Essex County Bar Foundation Gun Buyback Initiative

December 28, 2018

The Essex County Bar Foundation (ECBF) recently announced a cooperative initiative with the Essex County Prosecutor's Office and other state and local law enforcement agencies to host a gun buyback event. Every attorney at Kozyra & Hartz, LLC (K&H) has joined in donating a total of $1,500.00 toward the ECBF gun buyback initiative in an effort to take 6 rifles and 6 handguns out of harm's way. Kozyra & Hartz, LLC has always been a strong supporter of the Essex County Bar Association (ECBA) and the ECBF's public service and fundraising efforts for the Essex County community. The gun buyback initiative is particularly close to the heart of K&H's founding member, Barry A. Kozyra, as he initiated the idea for the event to take place. "The surrender was proposed to bring awareness(...)