Posts Tagged ‘pre trial intervention’
Pre-Trial Intervention Program: A Second-Chance for First-Time Offenders
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark Today’s blog revisits State v. Elsobky decided by the Appellate Division on January 30, 2015.In an earlier blog we discussed the law surrounding concealed carry permits in N.J. After the defendant was pulled over and informed the officer that he was in possession of a weapon,…
Read MoreAppealing 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…
Read MoreProsecutor’s Preclusion of Defendant’s Entry into PTI Is an Abuse of Discretion
In determining whether to consent to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e),2 and also certain additional factors, policies, and The seventeen factors are: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age of the defendant; (4) The desire of the complainant or…
Read MoreOperating a Motor Vehicle Following a DWI Conviction: State v. Chauhan, A-2583-12T4
On July 16, 2013 the Appellate Division reversed an order granting defendant, Vijay Chauhan, entry into the Atlantic County Pre-Trial Intervention (PTI) Program. On November 18, 2011, the Egg Harbor Township police stopped the defendant’s vehicle after a random license plate inquiry revealed a possible hit. When the vehicle stopped, the male driver jumped into…
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