Posts Tagged ‘pre trial intervention’
PTI Program Appeal: State’s Discretion and Trial Judge’s Intervention
State of New Jersey v. C.G.H. Docket No. A-2065-22 Decided November 13, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order admitting defendant into the Pre-Trial Intervention (“PTI”) Program over the objection of the Ocean County…
Read MoreMotion To Dismiss Indictment Based on Stated Completion of Pre-Trial Intervention (PTI) Program: Denied
State of New Jersey v. Devon Grant Docket No. A-3147-19 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to dismiss his indictment based on his stated completion of the pre-trial intervention (PTI)…
Read MorePre-Trial Intervention (PTI) Program Denied When Charged with Third Degree Operating a Motor Vehicle That Resulted in the Death of Another While Her License Was Suspended
State of New Jersey v. Laquana Ransdell Docket No. A-1476-21 Decided March 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of her application for admission into the Pre-Trial Intervention (PTI) program. In…
Read MoreAppealing A Denial into the PTI Program Based on Receiving a Prior Marijuana-Related Conditional Discharge Pre-CREAMMA
State of New Jersey v. Kevin Waters Docket No. A-1679-21 Decided February 27, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of his application for admission into a pre-trial intervention (PTI) program.…
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 MoreWhat is the prosecutor’s power for a PTI denial?
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.…
Read MoreI was denied PTI! I want to appeal! How do I do it and how can I win?
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…
Read MoreJuvenile Criminal Record Can Impact Admittance to Adult PTI (Pre Trial Intervention) Program
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Key to this case: Although a juvenile record is sealed when an individual turns 18, that record can be used by a prosecutors office, trial court, and appellate Court when a defendant is denied entry into the adult PTI program. Facts: In this case the defendant was…
Read MorePre-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,…
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