JAMES MCLEAN v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM

October 27, 2019 |

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 More

New Jersey vs. Bing PTI Rejection Review

September 18, 2019 |

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 More

What is the prosecutor’s power for a PTI denial?

September 5, 2019 |

STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.”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 More

Another Successful PTI Appeal

April 4, 2019 |

State v. R.M.M., N.J. Super. App. Div. 4/3/2019) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the defendant appealed a denial by the PTI coordinator as well as criminal case manager and what division judge. The appellate division found this was yet another circumstance the prosecutors office abuse their discretion and not to…

Read More

WHAT ISSUES TO RAISE WHEN SUCCESSFULLY APPEALING A PTI DENIAL — HOW PROSECUTORS’ OFFICE’S ATTEMPT TO PREJUDICE A DEFENDANT DURING A PTI REVIEW

February 7, 2019 |

STATE V. JOSEPH P. BLANC,  Argued January 23, 2019 – Decided February 6, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Middlesex County, PROCEDURE: The Middlesex County Prosecutor (prosecutor) appeals the order granting defendant admission into the Middlesex County Pretrial Intervention (PTI) Program over the prosecutor’s objection. We reverse the order and remand defendant’s…

Read More

State of New Jersey v. Neal Power

June 21, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In 2011, a contractor repaired certain floor damage in defendant’s home. At work he made his legal assistant prepare a fake (fraudulent) contractor’s invoice and send it to his homeowner’s insurance company for payment. After the investigation, authorities charged defendant in a May 2015 with two third-degree…

Read More

Ugo Bellomo v. Board of Trustees, Police and Fireman’s Retirement System

May 15, 2018 |

Regarding the case: Ugo Bellomo v. Board of Trustees, Police and Firemen’s Retirement System I. Facts: On January 2007, petitioner was operating a marked patrol vehicle in pursuit of a suspected drug dealer, when the vehicle slid on loose gravel and struck a pole allegedly causing injury. The petitioner continued to work after collision. On…

Read More