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…

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How 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…

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PTI 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…

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New 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…

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New 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…

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Discharge 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…

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Second-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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