Search Rutgers Law Library N.J. Court Opinions

46 STATE OF NEW JERSEY v. JOHN H. MCKEON -- rank: 784

... his admission into the State's Pretrial Intervention (PTI) program, N.J.S.A. 2C:43-12. The question presented is whether a defendant may be excluded ... because he has never been diverted into PTI, pursuant to N.J.S.A. 2C:43-12, or received supervisory treatment, pursuant to N.J.S.A ... S.A. 2C:43-12g refers to diversionary programs under N.J.S.A. 2C:43-12 and to conditional discharges under N.J.S.A. 2C ... program for those defendants who have previously been diverted under N.J.S.A. 2C:43-12 et seq. or conditionally discharged pursuant to N.J.S ...

docket:	a5658-04
court:	njappellate
decided:	2006-05-24
status:	published
citation:	*CITE_PENDING*
Document Size:	35293

47 STATE OF NEW JERSEY v. A.S.-M. -- rank: 784

... as erroneous arguing (1) readmission into the PTI program contravenes N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28 ... a defendant from the PTI program is not precluded by N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28 ... addressing the State's contention that the plain language of N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28 ... reconsideration of that termination based on the plain language of N.J.S.A. 2C:43-12(g)(1) and Guideline 3(g) of Rule 3:28 ... criminal codes, establishing PTI as a statewide program pursuant to N.J.S.A. 2C:43-12. Ibid. Thus, PTI programs are "governed simultaneously by [ Rule 3 ... in construing both the statute and court rule at issue. N.J.S.A. 2C:43-12(g)(1) provides: Supervisory treatment may occur only once ...

docket:	a4682-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-26
status:	published
citation:	444 N.J.Super. 334 133 A.3d 649
Document Size:	33664

48 STATE OF NEW JERSEY v. RIANNA L. DRINKS -- rank: 779

... Goals of PTI. II. The PTI program is governed by N.J.S.A. 2C:43-12 to -22, Rule 3:28, and the Guidelines for Operation ... Pressler & Verniero, Current N.J. Court Rules (2017) (hereinafter Guidelines ). " N.J.S.A. 2C:43-12(e) lists seventeen non-exclusive factors to be considered by ... criminal prosecution . . . outweigh[ed]" any societal benefits from allowing PTI. N.J.S.A. 2C:43-12(e)(1), (2), (3), (7), (14), (17). The prosecutor highlighted ... receive PTI. Defendant cites the August 10, 2015 addition of N.J.S.A. 2C:43-12(g)(3), but that was enacted after the prosecutor's ... Super. at 568. The prosecutor also considered defendant's "motivation," N.J.S.A. 2C:43-12(e)(3), which can encompass both her "motivation behind the ... necessarily serve all the goals of PTI set forth in N.J.S.A. 2C:43-12(a)(1)-(5). This was not a "'victimless' offense[]," ...

docket:	a2812-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	57384

49 STATE OF NEW JERSEY v. SEAN LAVIN -- rank: 779

... by 'procedures and guidelines established by Rule 3:28 and N.J.S.A. 2C:43-12.' Ibid. Under N.J.S.A. 2C:43-12(g), PTI 'shall be available to a defendant irrespective of ... the program of supervisory treatment the charges shall be dismissed.' N.J.S.A. 2C:43-12(g)(3). Lavin was admitted into the PTI Program without ...

docket:	a0075-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-14
status:	Unpublished
citation:
Document Size:	48313

50 STATE OF NEW JERSEY v. KURT T. HARRIS -- rank: 779

... case analysis of seventeen factors that are set forth in N.J.S.A. 2C:43-12(e). An Attorney General directive also provides guidance to prosecutors ... the prosecutor's assessment of 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). We believe that the prosecutor's office acted ... a statement of reasons explaining the basis for that decision. N.J.S.A. 2C:43-12(e). The statement of reasons must consider the following enumerated ... society from channeling an offender into a supervisory treatment program. [ N.J.S.A. 2C:43-12(e)(1) to (17).] The prosecutor's statement of reasons ... be admitted to PTI, he must enter a guilty plea. N.J.S.A. 2C:43- - 12(g)(3)(a). Upon successful competition of the program ...

docket:	a0202-19
court:	NJ Superior Court Appellate Division
decided:	2020-03-31
status:	Unpublished
citation:
Document Size:	39497

51 STATE OF NEW JERSEY v. MARIO G. ALVAREZ-URENA -- rank: 773

... of prosecutorial discretion. The statewide PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court's guidelines for implementing the PTI ... 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). N.J.S.A. 2C:43-12 identifies seventeen factors for consideration when examining an application for PTI admission. N.J.S.A. 2C:43-12(e). If the application is denied, a written statement of findings supporting that conclusion must be issued. N.J.S.A. 2C:43-12(f). A defendant may appeal the prosecutor's rejection ...

docket:	a0579-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-09-19
status:	unpublished
citation:
Document Size:	52327

52 STATE OF NEW JERSEY v. MARIO G. ALVAREZ-URENA -- rank: 773

... of prosecutorial discretion. The statewide PTI program is governed by N.J.S.A. 2C:43-12 and the Supreme Court's guidelines for implementing the PTI ... 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). N.J.S.A. 2C:43-12 identifies seventeen factors for consideration when examining an application for PTI admission. N.J.S.A. 2C:43-12(e). If the application is denied, a written statement of findings supporting that conclusion must be issued. N.J.S.A. 2C:43-12(f). A defendant may appeal the prosecutor's rejection ...

docket:	a0577-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-19
status:	unpublished
citation:
Document Size:	52328

53 STATE OF NEW JERSEY v. JUSTIN A. LEE -- rank: 771

... person," is inconsistent with and preempted by the PTI statute, N.J.S.A. 2C:43-12(e). Defendant further contends, as a matter of first impression ... points in his brief: POINT I SINCE THE PTI STATUTE, N.J.S.A. 2C:43-12, DOES NOT PROVIDE FOR A PRESUMPTION AGAINST PTI ADMISSION BASED ... TO THE PTI DECISION. POINT IV SINCE THE PTI STATUTE, N.J.S.A. 2C:43-12, DOES NOT DIFFERENTIATE BETWEEN THE AUTHORITY OF THE "PROGRAM DIRECTOR ... 35 (1999). Admissions into PTI are governed both by statute, N.J.S.A. 2C:43-12(a)–(j), and Guidelines accompanying a court rule, R ... prosecutors are required to consider the seventeen factors listed under N.J.S.A. 2C:43-12(e). 3 " [U]nless and until a defendant demonstrates the ... in situations of deliberate violence conflicts with the PTI statute, N.J.S.A. 2C:43-12(e). 4 He asserts that the statute only makes ...

docket:	a3906-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-27
status:	published
citation:	437 N.J.Super. 555 101 A.3d 622
Document Size:	49991

54 STATE OF NEW JERSEY v. RICARDO PEREZ -- rank: 771

... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e).' Ibid. The decision to admit a defendant to PTI ... to factor one (the nature and circumstances of the offense). N.J.S.A. 2C:43-12(e)(1). As stated previously, unlawful possession of a handgun ... properly considered factor two (the facts specific to this case). N.J.S.A. 2C:43-12(e)(2). The judge noted that defendant had been carrying ... seventeen (the harm done to society by abandoning criminal prosecution). N.J.S.A. 2C:43-12(e)(7), (14), and (17). The record supports the judge ... factor ten (whether defendant was charged with a violent offense), N.J.S.A. 2C:43-12(e)(10). He argues that the 9 A-0459-16T3 ...

docket:	a0459-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-15
status:	unpublished
citation:
Document Size:	61006

55 STATE OF NEW JERSEY v. ERIC J. CAPOSELE -- rank: 768

... of the offenses involved and the facts of those cases. N.J.S.A. 2C:43-12(e)(1) and (2). The prosecutor stated that defendant had ... desire of the complainant or victim with regard to prosecution. N.J.S.A. 2C:43-12(e)(4). The prosecutor noted that Mesanko wanted defendant to ... to the needs and interests of the victim and society. N.J.S.A. 2C:43-12(e)(7). The prosecutor stated that there was a public ... offense is part of continuing pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8), and factor fifteen, which is whether or not ... having the case proceed "through traditional criminal justice system procedures[,]" N.J.S.A. 2C:43-12(e)(15). The prosecutor stated that defendant had been using ... and whether defendant may pose a substantial danger to others. N.J.S.A. 2C:43-12(e)(9). The prosecutor stated that defendant had no ...

docket:	a2028-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-17
status:	unpublished
citation:
Document Size:	28663

56 STATE OF NEW JERSEY v. BRIAN S. RAPCAVAGE -- rank: 768

... first is factor 12(e)(2), which is found in N.J.S.A. 2C:43-12(e)(2). That factor is the facts of the case ... the appropriate factors in rejecting defendant's application. In applying N.J.S.A. 2C:43-12(e)(2), which requires prosecutors to consider the facts of ...

docket:	a5008-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	unpublished
citation:
Document Size:	23413

57 STATE OF NEW JERSEY v. WAYNE KACZOWSKI -- rank: 768

... Office addressed each of the seventeen statutory factors listed in N.J.S.A. 2C:43-12(e). The prosecutor noted defendant was serving a third DWI ... 2399-16T2 Upon review of the factors set forth in N.J.S.A. 2C:43-12(e), this [c]ourt finds of greatest concern factors (1 ... as the procedures concerning the program, are set forth in N.J.S.A. 2C:43-12 to -22 and Rule 3:28. N.J.S.A. 2C:43-12(e) includes seventeen criteria which, among other factors, prosecutors and ... application is based and the reasons offered for the denial.' N.J.S.A. 2C:43-12(f). Our review of a prosecutor's decision to deny ... necessarily serve all the goals of PTI set forth in N.J.S.A. 2C:43-12(a)(1) to (5). Moreover, we cannot say that ...

docket:	a2399-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-21
status:	unpublished
citation:
Document Size:	53777

58 STATE OF NEW JERSEY v. WILLIAM ROSEMAN -- rank: 765

... prior or a continuing pattern of anti-social behavior. See N.J.S.A. 2C:43-12(e)(3), (4), (5), (6), (8). Briefly, there was purportedly ... an arguable need for public prosecution of such wrongdoings. See N.J.S.A. 2C:43-12(e)(7). In addition, the State argues that diversion from ... theft of public funds would "exacerbate th[at] social problem," N.J.S.A. 2C:43-12(e)(11), and the value of supervisory treatment is "outweighed ... the public need for prosecution" of these types of offenses, N.J.S.A. 2C:43-12(e)(14). With regard to Roseman, the trial judge also ... touch upon that defendant's public office or employment, see N.J.S.A. 2C:43-12(a)(3) and (b). In this regard, the judge likened ... that Hoffman was decided long before the 2007 amendments to N.J.S.A. 2C:43-12. That is, the statute upon which Hoffman was based ...

docket:	a5456-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	28243

59 STATE OF NEW JERSEY v. ROBERT DORAN -- rank: 762

... single spaced letter, the MCPO considered all seventeen factors under N.J.S.A. 2C:43-12(e) in evaluating defendant's request for admission to PTI ... program: nature of the offense and facts of the case, N.J.S.A. 2C:43-12(e)(1)-(2); desire of the State to pursue prosecution, N.J.S.A. 2C:43-12(e)(4); lack of personal problems and character traits related ... would exacerbate the problem leading to defendant's criminal act, N.J.S.A. 2C:43-12(e)(11); the crime is of such nature that the public need for protection outweighs any proposed treatment, N.J.S.A. 2C:43-12(e)(14); the interests of the case are best served through prosecution rather than diversion, N.J.S.A. 2C:43-12(e)(15); participation in PTI may adversely affect prosecution ...

docket:	a0982-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	20718

60 STATE OF NEW JERSEY v. ERNEST BROWN -- rank: 762

... concurring with the PTI Director, citing the statutory PTI criteria, N.J.S.A. 2C:43-12(e). 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 that defendant was the driver of a ... various locations while they committed burglaries. Additionally, the prosecutor cited N.J.S.A. 2C:43-12(e)(10), the "assaultive or violent nature" of the offense ... the burglary of residences traumatizes victims. The prosecutor also cited N.J.S.A. 2C:43-12(e)(8), the extent the "crime constitutes part of a continuing pattern of anti-social behavior," and N.J.S.A. 2C:43-12(e)(9), his criminal record, noting defendant's past ...

docket:	a1708-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-24
status:	unpublished
citation:
Document Size:	15327