Project Reset in New York City - Dream Come True for the System - A Lawyerless Transaction in Criminal Court.

By James Shalley

It sure sounds great, doesn’t it? If you have been offered Project Reset by the Manhattan District Attorney’s Office and the NYPD (Or Project Clear in Brooklyn, or similar), and you have read THEIR explanation of it, it is a perfect dream come true. Sit through some two hour workshop and you never have to go to Court. They decline to prosecute your case. No need to go to court. No need for legal advice. No fuss. No muss. Everything is perfect.

…or maybe not so fast.

The Government has just arrested you. The same Government is now offering you a nice program that will make it “go away”. If the Government arrested you, and now wants to make it go away, why did the Government arrest you in the first place?

Don’t you think you want some answers to a few questions before you take any further steps in the world of being a defendant in a criminal case, even if those steps seem to you to be pretty good.

Questions to Ponder

What are the legal implications of accepting this program? The program describes itself as a “diversionary program”. Are there circumstances out there in the world where participating in a diversionary program after arrest can be held against you, even if the case is dismissed?

What sort of a case did the Government have against you? If you pursued the case in Court, what might have been the outcome? Did the police, in investigating the case, invade your privacy such that their conduct may have been considered illegal? And if so, would that have jeopardized the Government’s case?

A Lawyerless Transaction in a Criminal Case?

Realize that the Government has generated a way to “resolve” your case that bypasses Court, and therefore bypasses a place where the law requires you to be represented by counsel. This may seem less scary to you, because going to Court is scary. But in fact, Court is where important rights that you have as a person accused of a crime come substantially into play. Court is where you will interact with a lawyer (either one you hire or one who is assigned to you if you qualify) whose primary motivation is to maximize and protect your interests to the exclusion of all others.

Getting you to settle your case without going to Court certainly serves the Court’s interests in handling fewer cases. Getting you to settle your case without going to Court certainly serves the Prosecution’s interest in “processing” cases more quickly and without as much work.

It is less clear how settling your case without you getting at least some sort of legal advice is so great for you. It isn’t as if terrible outcomes await people who are considered eligible for Project Reset. In many cases, virtually the same outcomes are available by negotiation in Court - only people have the dignity of reviewing their cases with lawyers prior to making determinations about resolving criminal cases.

Under new discovery laws in criminal cases beginning in January, 2020, the Government will be required to provide your lawyer all information in its possession relevant to your case for you and your lawyer to review within just 15 days of first appearance. So maybe, just maybe, you might like to have a civilized discussion with your lawyer about the nature of the case against you, its strengths and weaknesses, before you decide what to do with your case. Under the new laws, the Government may not punish you for simply wanting to review this information with your lawyer.

What to Do if Approached by Project Reset

If you are approached by Project Reset, and you would like to understand more about your case, simply contact a lawyer to review your situation. It could be that Project Reset is for you. Or maybe not. We believe that you have the right to make an intelligent choice about how to proceed once the Government has taken the extraordinary step of arresting you and charging you with a crime. And we are here to help you make that choice.

Call or text 347-612-9830 for more information.

James Shalley has been practicing criminal defense in New York for more than 30 years.

Call 347-612-9830 for your free consultation with JAMES SHALLEY today.