Posts Tagged ‘PTI’
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No.: A-695-19 Decided March 21, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of reinstatement into pretrial intervention (PTI) after defendant failed to abide by the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.…
Read MoreOnly 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for a defendant attempting to lure an underage girl for sexual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…
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs.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 MoreState 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 Appellate Docket No.: A-0150-19T4 In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a Defendant’s application into Pretrial Intervention (PTI).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…
Read MorePTI 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.…
Read MoreJAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM
JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case addresses, in very simple terms, the review process that the Board of Pensions will make regarding an agency decision and a claim against the pension system. In this specific case a public employee, Department of Corrections…
Read MoreNew Jersey vs. Bing PTI Rejection Review
STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue: Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts: Defendant was indicted…
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 MoreNJ Nursing Board and RAMP – Conditional Discharge, PTI and your Nursing License issues!
Submitted by New Jersey Nursing License Defense Lawyer, Jeffrey Hark. DO you have a New Jersey nursing license and have been charged with a drug possessory offense or DWI? You need to read this before you go into court! Have you been charged by New Jersey’s Nursing Board with a criminal of Moral Turpitude? Moral…
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