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Harper Docket No. A-1875-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his post-conviction relief (“PCR”) petition without an evidentiary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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Appeal of Judgment of Conviction and Order Denying Motion to Be Readmitted into the Pretrial Intervention Program (“PTI”)

State of New Jersey v. Jazmine Holloway Docket No. A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of her judgment of conviction and the order denying her motion to be readmitted into the Pretrial Intervention Program (“PTI”).…

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Reinstatement Into Pretrial Intervention (PTI) After Defendant Was Alleged to Have Failed to Abide by the Original Terms of PTI

State v. Jazmine Holloway Appellate Docket No.: A-0107-20 Decided October 14, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of reinstatement into pretrial intervention (PTI) after defendant was alleged to have failed to abide by the original terms of PTI. In…

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Denial Of Reinstatement into Pretrial Intervention (PTI) After Defendant Failed to Abide By The Original Terms Of PTI

State v. Shakera Lowman Appellate Docket No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the original terms of PTI. In State v.…

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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual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

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PTI 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…

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State v. Cliver

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Appellate Docket No.: A-0150-19T4 In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a Defendant’s application into Pretrial Intervention (PTI). In State v. Cliver, the Defendant was accused of fondling the penis of a boy under the age of thirteen…

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PTI ADMISSION BY TRIAL JUDGE REVERSED ON APPEAL

State of New Jersey v. Emmett Ryder submitted October 16, 2019, decided November 1, 2019 Superior Court of New Jersey Appellate Division  (Not approved for publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey statutory law, NJSA 2C: 43 – 12 G3 preclude admission into PTI by presumption for any second degree offense.…

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