Posts Tagged ‘PTI’
Reinstatement Into Pretrial Intervention (PTI) After Defendant Was Alleged to Have Failed to Abide by the Original Terms of PTI
State v. Jazmine Holloway Appellate Docket No.: A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of reinstatement into pretrial intervention (PTI) after defendant was alleged to have failed to abide by the original terms of PTI. In…
Read MoreIf you successfully completed a diversionary program for a marijuana offense, you remain ineligible for PTI
State of New Jersey v. Richard Gomes. State of New Jersey v. Moataz M. Sheira State of New Jersey v. Jason Chiriboga State of New Jersey v. Maju D. Barry Decided June 9, 2022. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In this case the defendants each had prior marijuana charges that were dismissed…
Read MoreDenial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI
State v. Shakera Lowman Appellate Docket No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the original terms of PTI. In State v.…
Read MoreOnly If the Court Finds That the Prosecutor Abused His or Her Discretion Will a Trial Court or Appellate Division Overturn a PTI Denial
State v. Sorokach Appellate Docket No.: A-2868-18 Decided February 22, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual intercourse. In State v. Sorokach, defendant posted advertisements…
Read MoreOut of State Grave’s Act Offense: Key Issue Is the Ability to Prove for Any County Prosecutor PTI Coordinator Adequate Supervision in The Defendant’s Home State
State of NJ v. James Ray Decided December 11, 2020 On appeal from the Superior Court of New Jersey, Law Division, Bergen County, PER CURIAM PTI Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant James D. Ray signed a pre-trial intervention (PTI) application that was denied by the Bergen County prosecutor. He is appealing against the…
Read MorePTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended
State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a…
Read MoreState v. Cliver
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Appellate Docket No.: A-0150-19T4 In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a Defendant’s application into Pretrial Intervention (PTI). In State v. Cliver, the Defendant was accused of fondling the penis of a boy under the age of thirteen…
Read MorePTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL
State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…
Read MoreJAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM
JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses, in very simple terms, the review process that the Board of Pensions will make regarding an agency decision and a claim against the pension system. In this specific case a public employee, Department of Corrections…
Read MoreNew Jersey vs. Bing PTI Rejection Review
STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue: Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts: Defendant was indicted…
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