Search Rutgers Law Library N.J. Court Opinions

106 STATE OF NEW JERSEY v. MANSI PATEL -- rank: 678

... correction, responsiveness to rehabilitation and the nature of the offense.' N.J.S.A. 2C:43-12(b). 'Admission [into the PTI program] requires a positive recommendation ... PTI program directors must consider the factors set forth in N.J.S.A. 2C:43- 12(e), Rule 3:28, and the accompanying Guidelines to that ... each and every one of the factors set forth in N.J.S.A. 2C:43-12(e), Rule 3:28, and the accompanying Guidelines. As did ... in her consideration of factors one, two, and three under N.J.S.A. 2C:43-12(e). In addition, the judge stated that the prosecutor placed ...

docket:	a0718-17
court:	NJ Superior Court Appellate Division
decided:	2018-05-14
status:	unpublished
citation:
Document Size:	57175

107 STATE OF NEW JERSEY v. ANTWAIN T. WATERS -- rank: 678

... The State appeals. II. The PTI program is governed by N.J.S.A. 2C:43-12 to -22 (the Act), Rule 3:28, and the Guidelines ... Program are primarily set forth in Guideline 3 and in N.J.S.A. 2C:43-12(e) of the Act. As evidenced by the prosecutor's ... and facts of the case under Guideline 3(i) and N.J.S.A. 2C:43-12(e)(1)-(2); and (C) the public need for prosecution of such cases, N.J.S.A. 2C:43-12(e)(14). The prosecutor also noted (D) the effect of ... whether "the crime is of an assaultive or violent nature," N.J.S.A. 2C:43-12(e)(10). However, the prosecutor need not "provide a defendant ... denial of PTI may be decided by a "designated judge." N.J.S.A. 2C:43-12(f); R. 3:28(f). We trust that the ...

docket:	a2021-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-30
status:	published
citation:	439 N.J.Super. 215 107 A.3d 693
Document Size:	73956

108 STATE OF NEW JERSEY v. CRAIG W. WILLIS -- rank: 678

... 1(b). New Jersey's PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court's guidelines for implementation, set forth ... opportunity to avoid prosecution by receiving rehabilitative services or supervision. N.J.S.A. 2C:43-12(a). A PTI application is initially reviewed by the Criminal ... d on reh'g , 73 N.J. 360 , 384 (1977); N.J.S.A. 2C:43-12(e); see also State v. Nwobu , 139 N.J. 236 ... 246 (1995) (admission into PTI requires the prosecutor's consent). N.J.S.A. 2C:43-12(e) identifies seventeen factors for consideration when examining an application ... a written statement of findings supporting his or her conclusion. N.J.S.A. 2C:43-12(f). A defendant may appeal by moving before the Superior ...

docket:	a0213-12
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	16366

109 STATE OF NEW JERSEY v. RICHARD W. BROWNBRIDGE -- rank: 678

... by the Union County Prosecutor, who cited the factors in N.J.S.A. 2C:43-12(e) and Pressler & Verniero, Current N.J. Court Rules , Guideline ... i)"). Specifically, the prosecutor cited the nature of the offense, N.J.S.A. 2C:43-12(e)(1); and that the charged offense involved a threat ... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). "Admission [into PTI] requires a positive recommendation from the ... 1979)). In determining eligibility, prosecutors must consider the factors in N.J.S.A. 2C:43-12 and Rule 3:28, and the accompanying Guidelines, which "elucidate ... 3(i), nothing in the statute's criteria for admission, N.J.S.A. 2C:43-12(e), or the accompanying Guidelines, requires a prosecutor to credit ...

docket:	a5452-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-12
status:	unpublished
citation:
Document Size:	20082

110 STATE OF NEW JERSEY v. DORA WILLIAMS -- rank: 678

... for enrollment in the Pretrial Intervention Program (PTI), pursuant to N.J.S.A. 2C:43-12 to -14 and Rule 3:28. We affirm. The charges ... to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e) and certain additional factors listed in Guideline 3 of ... they demonstrated anti-social conduct over a period of time. N.J.S.A. 2C:43-12(e)(8); Rule 3:28, Guideline 3(e). They contradicted ... showed organization, planning, and continuity in the criminal activity. See N.J.S.A. 2C:43-12(e)(1), (2), (13), (15); Rule 3:28, Guideline 3 ... under the PTI program to deter future unlawful conduct. See N.J.S.A. 2C:43-12(e)(5), (6), (17). We agree with the Law Division ...

docket:	a2076-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	17103

111 STATE OF NEW JERSEY v. SANDRA POJAWA -- rank: 675

... the non-exhaustive list of seventeen statutory factors, enumerated in N.J.S.A. 2C:43-12(e), in order to 'make an individualized assessment of the ... Mut. Fire Ins. Co., 234 N.J. 459, 474 (2018). N.J.S.A. 2C:43-12(e) sets forth factors encompassing these concepts that prosecutors must ... the case here. The prosecutor found factors seven and fourteen, N.J.S.A. 2C:43- 12(e)(7) and (14), 'the interests of society and the ... failures to appear were incorrectly categorized as supporting factor eight, N.J.S.A. 2C:43- 12(e)(8). The State maintains that defendant's failures to appear are s till a relevant consideration under N.J.S.A. 2C:43-12(e)(3), 'the motivation and age of the defendant.' A ... kindness with an act of greed. As to factor eight, N.J.S.A. 2C:43-12(e)(8), defendant's 'continuing pattern of anti-social ...

docket:	a4808-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-09
status:	Unpublished
citation:
Document Size:	15756

112 STATE OF NEW JERSEY v. AISLING H. SMITH-RENSHAW -- rank: 673

... was without information to assess statutory criteria five and six, N.J.S.A. 2C:43-12(e)(5) and (6), because defendant only submitted materials supporting ... an applicant's amenability to correction and responsiveness to rehabilitation, N.J.S.A. 2C:43-12(b)(1), and only because the prosecutor has expressed on ... charged offenses constituted a continuing pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8), and that defendant was charged with a crime ... criminal case management. Addressing each of the seventeen statutory factors, N.J.S.A. 2C:43-12(e), the prosecutor placed the most weight on the State ... 3(i)(2) reflected the presumptions against admission contained in N.J.S.A. 2C:43-12(b)(2). See id. at cmt. on R. 3:28 ... be conducive to change through [her] participation in supervisory treatment.' N.J.S.A. 2C:43-12(e)(5) and (6). Because both factors are critical ...

docket:	a5124-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-08
status:	Unpublished
citation:
Document Size:	25530

113 STATE OF NEW JERSEY v. LUIS GAMBOA-APARICIO -- rank: 667

... s admission, but the prosecutor disagreed, citing the following reasons: [ N.J.S.A. ] 2C:43-12(e)(1) and (2): The nature of the offense and ... a sale of illegal drugs to an undercover police officer. [ N.J.S.A. ] 2C:43-12(e)(3): Defendant was motivated for profit in an organize[d] scheme. [ N.J.S.A. ] 2C:43-12(e)(7): The needs and interests of society. [ N.J.S.A. ] 2C:43-12(e)(8): Defendant['s] actions illustrated a continuing pattern of ... to violate the laws of this State. They did not. [ N.J.S.A. ] 2C:43-12(e)(11): Defendant does not work and since he has ... a conformist life style with the laws of this State. [ N.J.S.A. ] 2C:43-12(e)(14): The crime is of such a nature ...

docket:	a4358-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-18
status:	unpublished
citation:
Document Size:	12860

114 IN THE MATTER OF CLIFTON GAUTHIER, ROCKAWAY TOWNSHIP -- rank: 667

... After indictment, Gauthier successfully completed the pretrial intervention program (PTI), N.J.S.A. 2C:43-12 to -22. He was thereafter reinstated, and the Township paid ... S.A. 2C:36A-1, or Pre- Trial Intervention (PTI), N.J.S.A. 2C:43-12. A-4015-17T4 5 By weaving together the language from ... Motley, 369 N.J. Super. 314, 320 (App. Div. 2004); N.J.S.A. 2C:43-12. It is offered as an alternative to prosecution 'when such ... expected to serve as sufficient sanction to deter criminal conduct . . . .' N.J.S.A. 2C:43-12(a)(2). Those indicted are not guaranteed admission into PTI ... not a favorable disposition are collected in comment 3 to N.J.S.A. 2C:43-12. For example, '[s]uccessful completion of the program does not ... permit.' Cannel, New Jersey Criminal Code Annotated, comment 3 on N.J.S.A. 2C:43-12 (2018) (citing In re Osworth, 365 N.J. Super. ...

docket:	a4015-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-27
status:	Published
citation:
Document Size:	24622

115 STATE OF NEW JERSEY v. RUSSELL LUKASIAK -- rank: 664

... ERRED BY NOT CONSIDERING ALL THE FACTORS SET FORTH IN N.J.S.A. 2C:43-12(e) WHEN DECIDING WHETHER TO ADMIT [DEFENDANT] TO [PTI]. A ... 28(h) that, notwithstanding the broader parameters set forth in N.J.S.A. 2C:43- -12(e), requires the application to be made 'no later than ... or in the possible injurious consequences of such behavior. 4 N.J.S.A. 2C:43-12(e)(1), (2), (3), (4), and (10). In considering the ... as she did, ostensibly rejecting defendant's PTI application. See N.J.S.A. 2C:43-12(c), (e); R. 3:28(h) (providing review and recommendation ... of a PTI rejection is 'severely limited,' State v. 5 N.J.S.A. 2C:43-12(e) lists the seventeen, non-exclusive criteria prosecutors are to ... of the offense and the facts of the case, see N.J.S.A. 2C:43-12(e)(1) and (2), A-0893-18T3 10 included ...

docket:	a0893-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-04
status:	Unpublished
citation:
Document Size:	26263

116 State v. S.R. -- rank: 662

... Although persons placed into the Pretrial Intervention Program pursuant to N.J.S.A. 2C:43-12 to –22 receive community supervision, such supervision does not fall ...

docket:	a-96-01
court:	njsupreme
decided:	2002-12-12
status:
citation:	175 N.J. 23
Document Size:	29987

117 State In the Interest of V.A. -- rank: 662

... whether to admit defendants into pretrial intervention (PTI), pursuant to N.J.S.A. 2C:43-12 to -22. Ibid. (citing State v. Wallace , 146 N.J ... a detailed structure for the prosecutor’s PTI decision. See N.J.S.A. 2C:43-12(e); R. 3:28; Guidelines for Operation of Pretrial Intervention ...

docket:	a-9-11
court:	NJ Supreme Court
decided:	2012-09-12
status:
citation:
Document Size:	128867

118 STATE OF NEW JERSEY v. ANGEL M. FIGUEROA -- rank: 662

... application for entry into the Pre-trial Intervention Program (PTI). N.J.S.A. 2C:43-12; R. 3:28.1 He was previously charged in an ... based upon an evaluation of the criteria set forth in N.J.S.A. 2C:43- 12(e) and the Rule 3:28 Guidelines. Defendant appealed and ... the procedures and guidelines established by Rule 3:28 and N.J.S.A. 2C:43-12, acceptance into PTI is dependent upon an initial recommendation by ... he needs and interests of the victim(s) and society,' N.J.S.A. 2C:43-12(e)(7), which, in this case included the victim's desire to pursue defendant's prosecution, N.J.S.A. 2C:43-12(e)(4), and the possible inability to remove from the ... constitutes part of a continuing pattern of anti-social behavior,' N.J.S.A. 2C:43-12(e)(8), and noted that defendant's prior involvement ...

docket:	a3170-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-04
status:	unpublished
citation:
Document Size:	30397

119 /usr/local/share/www/libweb/collections/courts/appellate/a4298-17.opn.html -- rank: 662

... cited six of the seventeen applicable factors set forth in N.J.S.A. 2C:43-12(e). Initially, the prosecutor cited the 'nature of the offense,' N.J.S.A. 2C:43- 12(e)(1), and the 'facts of the case,' N.J.S.A. 2C:43-12(e)(2), noting the danger defendant posed 'to herself and ... the prosecutor cited the 'motivation and age of the defendant,' N.J.S.A. 2C:43-12(e)(3), specifying that defendant had failed to appear in ... causes of criminal behavior can be controlled by proper treatment.' N.J.S.A. 2C:43-12(e)(5) (factor five). In citing factor five, the prosecutor ... constitutes part of a continuing pattern of anti-social behavior.' N.J.S.A. 2C:43- 12(e)(8) (factor eight). Although the prosecutor acknowledged the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21372

120 STATE OF NEW JERSEY v. REGINALD PIERRE -- rank: 659

... May 10, 2016 letter that addressed the factors listed in N.J.S.A. 2C:43-12(e). The court upheld the prosecutor's determination and concluded ... v. K.S., 220 N.J. 190, 197 (2015) (citing N.J.S.A. 2C:43-12). Extreme deference is given to the prosecutor's decision because ... weight on the nature of his offense when considering the N.J.S.A. 2C:43-12(e) factors. Specifically, he maintains that the prosecutor's assessment ...

docket:	a5274-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-30
status:	Unpublished
citation:
Document Size:	28846