Have you recently been denied PTI by your county prosecutor’s office?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.
Have you recently been denied PTI by your county prosecutor’s office? Send Hark & Hark your prosecutor’s PTI denial letter and we will see how we can help you! Were are you summarily denied PTI without any explanation from the county prosecutors office or criminal case management? We can help!
In this recent New Jersey Appellate Division case, State v. Franco, the Appellate Division directed the county prosecutor’s office in Hudson County to provide a in-depth denial letter pursuant to the numerous factors identified in Criminal Part Rule 3:28 (h). Without going into depth regarding the facts of the case the county prosecutor’s office issued a very brief one sentence denial letter in violation of the court rule and the recent appellate division directive issued in the case of State v Rizzitello, 447 N.J. Super. 301 ( App. Div. 2016). In that case the court admonish the prosecutors office for failure to perform an important, legally required, in-depth evaluation as the sole means to DENY to a defendant’s PTI application. Any short or cursory denial letters from the prosecutor’s office around the state were all held to preclude meaning for Appellate Division review of the prosecutors exercising their discretion when they allow or disallow a dependent to participate in the separate county PTI programs.
In other words, if you have been denied PTI from any County prosecutors’ office, please contact us and we will review for free the prosecutors’ denial letter and let you know if there is a successful basis to appeal your denial with the hopes of getting you into PTI and avoiding a criminal record.
Jeffrey S. Hark, Esq.