Posts Tagged ‘Pretrial Intervention’
Can I Appeal My PTI Denial?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case which resulted in a rare reversal of a PTI denial. In State v. Denman, the defendant, a former Scotch Plains police officer, appealed from his conviction for third-degree attempted misapplication of funds, N.J.S.A. 2C:21-15 and 2C:5-1. The defendant…
Read MoreHow can I get into PTI after the Prosecutor objects or denies my participation into PTI
I want to get into PTI (Pretrial Intervention) because my criminal charge is for a 3rd or 4th degree offense. Why is the prosecutor objecting and not letting me in? What can I do? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case a government employee, defendant Morgan who was a school district…
Read MoreDefendant’s Pretrial Intervention Program Denial and Trial Court Review | State of New Jersey v. Fregm
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Fregm. October 17, 2016 In this decision the Appellate Division reversed the trial court for performed its own independent review of the 17 factors set forth in the PTI statute, found at New Jersey Statute Annotated 2C: 43–12(e)1, as opposed to only making a determination…
Read MoreHow to Appeal From a PTI (Pretrial Intervention) Denial
State of New Jersey vs McDonald August 15, 2016. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division reversed a trial judge’s admission of a defendant into PTI after the prosecutor objected and denied defendant’s entry into their PTI program. The key to this decision is the judge’s ruling which…
Read MoreWhat Happens When You Can’t Afford to Pay? Inability to Pay Restitution After a Guilty Verdict
State v. Wyatt The subject of this case is the ability of a defendant to pay restitution after a guilty verdict of theft by deception. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The defendant was charged with stealing social services benefits (TANF) in the amount of $7000. I have handled numerous cases like this…
Read MorePTI Appeal in New Jersey – State versus Austin
State V. Austin. Denial of Admission into PTI overturned. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case a defendant applied to be admitted into New Jersey’s PTI (Pre Trial Intervention) program. The prosecutor’s office in Gloucester County denied defendant’s admission and based same on defendant’s prior admission into Pennsylvania’s ARD diversionary program…
Read MoreNew PTI Guidelines for New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Pretrial Intervention is, prior to these modifications, a first time offenders alternative disposition program aimed at non-violent non-weapons offense first time offenders that enabled defendants access to a non-jail probationary period up to 36 months. If a defendant successfully completes the probationary period without any new…
Read MoreNew Jersey RULE 3:28. Pretrial Intervention Programs
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. A.S. Here is a brief review of the PTI standard and law governing the Prosecutor’s PTI program in New Jersey New Jersey’s PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court’s guidelines for implementation, set forth in Rule 3:28. Generally, individuals with no…
Read MoreDischarge from PTI (New Jersey’s Pre-Trial Intervention Program)
State v. A.S., App. Div. (Approved for Publication February 26, 2016) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the defendant was initially accepted into New Jersey’s Pre-Trial Intervention Program; a first offenders rehabilitation program/probation program accessible to those who have no prior criminal record and are charged with 3rd or 4th degree non…
Read MoreSecond-Degree Crimes Often Prevent A Second Chance Through PTI
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark State v. Waters decided January 30, 2015 by the Appellate Division is yet another case that shows the consequences of either not understanding or ignoring concealed carry/automobile weapons laws in New Jersey. The case also helps readers understand Pre-Trial Intervention a little bit better. The defendant…
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