by Fred Sisto | Feb 9, 2016 | Blog, Criminal Law, News
To overcome a program director’s PTI denial, the accused must establish arbitrary or capricious conduct amounting to an abuse of discretion, by a preponderance of the evidence. State v. Lopes, 289 N.J. Super. 460, 478-79 (Law Div. 1995). The preponderance of the...
by Fred Sisto | Feb 7, 2016 | Blog, Criminal Law, News
PTI appeals shall be brought within 10 days after receipt of the rejection notice. R. 3:28, Guideline 6. The time limits for processing P.T.I. applications are designed to facilitate speedy trials and to enable the complete processing of a defendant’s...
by Fred Sisto | Feb 5, 2016 | Blog, Criminal Law, News
The pre-trial intervention program (PTI) is often a defendant’s only shot at avoiding a felony record. The program is similar to a term of probation with two significant distinctions. One, it is only for applicants who have never been convicted of a felony and...
by Fred Sisto | Feb 3, 2016 | Blog, Criminal Law, News
(2) Nothing in this act shall preclude a defendant charged with any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C from applying to the court for admission into the conditional discharge program in accordance with...
by Fred Sisto | Feb 1, 2016 | Blog, Criminal Law, News
b. (1) A defendant shall not be eligible for participation in the conditional dismissal program if the offense for which the person is charged involved: (a) organized criminal or gang activity; (b) a continuing criminal business or enterprise; (c) a breach of the...
