Appealing a Pre-Trial Intervention Denial
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark
Three lessons can be learned by the readers of this particular blog:
1) The basics of how an appeal of a denial of Pre-Trial Intervention (PTI) works
2) The importance of understanding what a concealed permit entitles you to do with your weapon under different state and federal law
3) The importance of not making false or altered representations to police officers and providing documentation to refute false representations that officers and prosecutors may make about you.
The defendant-appellant in this case is a reservist in the Army with the job of a translator. He was pulled over with a loaded .54 caliber Glock on his seat and provided the officer with a North Carolina concealed firearm permit and his military ID. The officer then confiscated the weapon and arrested the defendant.
The prosecutor in the case denied a recommendation by the PTI Director for the defendant to enter PTI.
The entire case can be read here.