What is the prosecutor’s power for a PTI denial?

September 5, 2019 |

STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.…

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Another Successful PTI Appeal

April 4, 2019 |

State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…

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WHAT ISSUES TO RAISE WHEN SUCCESSFULLY APPEALING A PTI DENIAL — HOW PROSECUTORS’ OFFICE’S ATTEMPT TO PREJUDICE A DEFENDANT DURING A PTI REVIEW

February 7, 2019 |

STATE V. JOSEPH P. BLANC,  Argued January 23, 2019 – Decided February 6, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Middlesex County, PROCEDURE: The Middlesex County Prosecutor (prosecutor) appeals the order granting defendant admission into the Middlesex County Pretrial Intervention (PTI) Program over the prosecutor’s objection. We reverse the order and remand defendant’s…

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State of New Jersey v. Neal Power

June 21, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In 2011, a contractor repaired certain floor damage in defendant’s home. At work he made his legal assistant prepare a fake (fraudulent) contractor’s invoice and send it to his homeowner’s insurance company for payment. After the investigation, authorities charged defendant in a May 2015 with two third-degree…

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Ugo Bellomo v. Board of Trustees, Police and Fireman’s Retirement System

May 15, 2018 |

Regarding the case: Ugo Bellomo v. Board of Trustees, Police and Firemen’s Retirement System I. Facts: On January 2007, petitioner was operating a marked patrol vehicle in pursuit of a suspected drug dealer, when the vehicle slid on loose gravel and struck a pole allegedly causing injury. The petitioner continued to work after collision. On…

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Appealing Denial into PTI (Pretrial Intervention) – STATE OF NEW JERSEY v. U.S.G.

March 7, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this PTI case the appellate panel ruled that the county prosecutor’s office abused their discretion when it denied this defendant admission into their PTI program.  PTI is Pretrial Intervention. Have you been denied PTI? Are you entitled to PTI? Will the criminal charge and possible criminal…

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I was denied PTI! I want to appeal! How do I do it and how can I win?

March 5, 2018 |

What do you need to tell a judge, “Let me into PTI over the Prosecutor’s Objection!”  I need PTI so I do not loose my job! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. ISSUES: The key to this case is the fact that the defense attorney presented as much information regarding his client’s current and past life…

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