by Fred Sisto | Feb 15, 2016 | Blog, Criminal Law, News
The PTI appeal, while labor-intensive, is the defendant’s first opportunity to not only point out their own positive attributes, but to also point to the alleged facts of their cases that support admission. It is very effective to use the state’s own...
by Fred Sisto | Feb 13, 2016 | Blog, Criminal Law, News
While the plain language of our criminal code does not distinguish between theses two very different types of “distribution”, the unique features of a PTI applicant’s case must be considered. See Nwobu, at 255 (holding that PTI decisions are primarily...
by Fred Sisto | Feb 11, 2016 | Blog, Criminal Law, News
To apply Guideline 3(i) and the long out-dated narcotics scheduling of marijuana under these circumstances (mentioned in part 3 of this blog) would lead to an absurd result. The narcotics schedules were published in 1970. See N.J.S.A 24:21-1 et seq. In 1972, a...
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...
