Denial Of A Post-Conviction Relief (“PCR”) Petition Without An Evidentiary Hearing Under Appeal

State of New Jersey v. Dasean Harper Docket No. A-1875-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his post-conviction relief (“PCR”) petition without an evidentiary hearing. In November 2013, an officer was investigating…

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Denied: Defendant’s Appeal of An Order His Motion for Admission into The Pretrial Intervention (“PTI”) Program

State of New Jersey v. Russell Olexa Docket No. A-0361-21 Decided October 3, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of an order denying his motion for admission into the Pretrial Intervention (“PTI”) program. On May 28, 2019, defendant,…

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Only 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual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…

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Appealing PTI Denial – Posting Nude Photos of victim – Revenge Porn

State v. Chow,  N.J. Super. App. Div. Decided April 302, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The state appealed from an order that admitted defendant into the Middlesex County Pretrial Intervention Program over its objection. Defendant had been charged with two counts of third-degree invasion of privacy for posting nude photographs of a…

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