New Jersey Recovery Court Eligibility: Appellate Division Clarifies Key Criteria

New Jersey Recovery Court Eligibility in a Recent Appellate Division Decision 

On March 20, 2025, the Superior Court of New Jersey, Appellate Division, issued a significant decision in State of New Jersey v. Ahjhir K. Jones, ___ N.J. Super ___ (App. Div. 2025). The ruling upheld the trial court’s determination that defendant Jones was eligible for Recovery Court, despite the State’s argument that he was statutorily barred under N.J.S.A. 2C:35-14(a)(5). This decision provides important guidance on New Jersey Recovery Court eligibility, particularly concerning prior firearm-related offenses. 

Facts and Procedural History in the New Jersey Recovery Court Eligibility Case

The case stemmed from an August 2021 burglary at a Morristown car dealership. Law enforcement identified Jones through a fingerprint found at the scene. Weeks later, Newark police arrested Jones inside a stolen vehicle. He was charged in Essex County with third-degree receiving stolen property. Additionally, Morris County charged him with multiple theft and burglary offenses. A grand jury later indicted Jones on these combined charges. 

In July 2022, Jones was arrested again in Newark, this time in possession of a loaded handgun. While attempting to flee, he discarded a bag containing the firearm. This resulted in new charges, including unlawful possession of a handgun and resisting arrest. In January 2023, Jones pled guilty to the firearm-related charges and received a probationary sentence. 

Following the resolution of the firearms case, Jones sought admission to Recovery Court for his Morris County charges. The State opposed his application, asserting that under N.J.S.A. 2C:35-14(a)(5), he was ineligible because he possessed a firearm while criminal charges were pending. The trial court rejected the State’s argument, ruling that the statute only bars applicants with pending firearm-related charges. Since Jones’ firearms case had been resolved, he remained eligible for New Jersey Recovery Court eligibility. 

State’s Appeal Against the Trial Court’s Recovery Court Eligibility Ruling

The State appealed, arguing that Jones’ admission to Recovery Court would result in an illegal sentence. The prosecution maintained that the statutory language precluded Recovery Court for anyone who possessed a firearm while any other charge was pending, regardless of whether the firearm charge was later resolved. The State urged the court to adopt a broader interpretation of N.J.S.A. 2C:35-14(a)(5) to bar applicants like Jones. 

Appellate Division’s Interpretation of New Jersey Recovery Court Eligibility

The Appellate Division affirmed the trial court’s ruling, rejecting the State’s interpretation of New Jersey Recovery Court eligibility. The court held that the phrase “at the time of any pending criminal charge” refers only to firearm-related charges still pending when the defendant applies for Recovery Court. If a firearms case has been resolved—by plea, dismissal, or other disposition—the defendant is not barred under subsection (a)(5). 

The court emphasized that the State’s broad reading of the statute would improperly restrict Recovery Court access. It cited State v. Ancrum, 449 N.J. Super 526 (App. Div. 2017), which interpreted similar statutory language and found that resolved cases do not constitute “pending” charges under N.J.S.A. 2C:35-14. The ruling reinforces the legislative intent to expand access to Recovery Court as a rehabilitative alternative to incarceration. 

Key Takeaways from This New Jersey Recovery Court Eligibility Decision

The Appellate Division’s decision clarifies that only pending firearm-related charges disqualify a defendant from New Jersey Recovery Court eligibility. The ruling maintains the judiciary’s approach of interpreting the statute in favor of rehabilitation while ensuring courts retain discretion to assess public safety risks under other statutory factors. 

This case serves as a reminder that eligibility for Recovery Court depends on the timing and resolution of charges. Defendants with resolved firearm cases may still qualify, while those with pending firearm-related offenses could be barred. The decision reinforces the importance of a clear and fair interpretation of Recovery Court eligibility requirements. 

Criminal law is complicated and constantly changing. If you are facing criminal charges, you should immediately contact our team of experienced former prosecutors to schedule a free case review with one of our expert criminal defense attorneys. A complete understanding of criminal law by your attorney is crucial to your defense. Your rights and freedoms are in jeopardy, and you owe it to yourself to act. We are available to provide immediate assistance and further counsel on your case at 862-315-7929. 

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New Jersey Recovery Court Eligibility in State v. Jones Ruling