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…

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…

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STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.”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

NJ Nursing Board and RAMP – Conditional Discharge, PTI and your Nursing License issues!

July 27, 2019

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…

PTI Appeal—- Abuse of Prosecutor’s Discretion when considering factors no longer applicable!

June 2, 2019

State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 — Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal:  Johnson’s unsuccessful application for pretrial intervention (PTI).  Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,…

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…

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…

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…

I just received my PTI denial letter. What should I do? What does this letter mean? Can I appeal?

May 19, 2018

State v Patel decided May 14, 2018. Middlesex County  PTI denial appeal. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. I need to appeal the PTI denial letter what do I do? How can I be successful and appealing my PTI decision? Should I fight my PTI denial? How can I get into PTI so…

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…