Search Rutgers Law Library N.J. Court Opinions

61 STATE OF NEW JERSEY v. ROBERT A. WOOLLERTON -- rank: 760

... the prosecutor based upon the following factors set forth in N.J.S.A. 2C:43-12(e): the nature of the offense, N.J.S.A. 2C:43-12(e)(1) (factor one); the facts of the case, N.J.S.A. 2C:43-12(e)(2) (factor two); the needs and interests of the victim and society, N.J.S.A. 2C:43-12(e)(7) (factor seven); the extent to which the applicant ... constitutes part of a continuing pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8) (factor eight); whether or not the crime is ... treatment would be outweighed by the public need for prosecution, N.J.S.A. 2C:43-12(e)(14) (factor fourteen); and whether or not the ...

docket:	a4017-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	29848

62 STATE OF NEW JERSEY v. GREGORY A. PHELPS -- rank: 754

... there is a statutory presumption against his admission into PTI. N.J.S.A. 2C:43-12(b)(2)(b); R. 3:28-1(e)(2)(b ... against admission.' R. 3:28-1(e)(3); see also N.J.S.A. 2C:43-12(b)(2)(b). 1 During later colloquy between the attorneys ... defendant was subject to the presumption against PTI admission under N.J.S.A. 2C:43-12(b)(2)(b). But the letter also stated the victim ... to which the presumption against admission into PTI applied under N.J.S.A. 2C:43- 12(b)(2)(b). Defendant does not argue to the contrary ... application, the assistant prosecutor discussed all seventeen factors listed in N.J.S.A. 2C:43-12(e), explaining those that weighed in favor of defendant's ... the State's comments regarding factors five and six. See N.J.S.A. 2C:43-12(e)(5) ('The existence of personal problems and character ...

docket:	a0867-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	28963

63 State v. Anthony Caliguiri -- rank: 752

... the PTI program is governed by the reciprocal terms of N.J.S.A. 2C:43-12 and R. 3:28. The Guidelines and the statute list ...

docket:	a-214-97
court:	njsupreme
decided:	1999-04-14
status:
citation:	158 N.J. 28
Document Size:	66057

64 STATE OF NEW JERSEY v. JULIUS P. JACKSON -- rank: 749

... in this matter, which is based upon the following factors: N.J.S.A. 2C:43-12(e)(1): The nature of the most significant charge herein ... of the charged offense weighs against PTI in this matter. N.J.S.A. 2C:43-12(e)(2),(10): In this matter, the defendant was in ... The State affords these factors substantial weight in this matter. N.J.S.A. 2C:43-12(e)(7): There is strong societal need to enforce the ... factor weighs in favor of the State in this action. N.J.S.A. 2C:43-12(e)(12): As noted in the PTI program report, this ... factors which weigh in you[r] client's favor, specifically N.J.S.A. 2C:43-12(e)(3), (8) and (9). The remaining factors have been ...

docket:	a3708-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	38857

65 STATE OF NEW JERSEY v. Y.N -- rank: 749

... the procedures and guidelines established by Rule 3:28 and N.J.S.A. 2C:43-12. After considering the circumstances that led to the child's ... 24-4. Ultimately, the prosecutor found that several factors in N.J.S.A. 2C:43-12(e) supported her decision to reject defendant's PTI application ... consideration of the guidelines established by Rule 3:28 and N.J.S.A. 2C:43-12. The trial judge held the prosecutor's rejection of defendant ... and the public policy factors codified by the Legislature in N.J.S.A. 2C:43-12. Stated differently, defendant did not establish the prosecutor's decision ... reasons, and also noted the applicability of five factors under N.J.S.A. 2C:43-12(e) that further supported her decision to reject defendant's ... work in harmony with the seventeen individual factors listed in N.J.S.A. 2C:43-12(e). While the statute clearly delineates the criteria to ...

docket:	a4656-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-20
status:	Published
citation:
Document Size:	36671

66 STATE OF NEW JERSEY v. HELEN STEEL -- rank: 746

... to cover those persons who are accused of "crimes." See N.J.S.A. 2C:43-12(a)(2) ("criminal sanctions"); N.J.S.A. 2C:43-12(a)(4) ("criminal calendars"); N.J.S.A. 2C:43-12(e) ("criminal complaint"); N.J.S.A. 2C:43-12(e)(5), (6), (8), (10), (11), (14), (15) (referring to ...

docket:	a1283-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	24028

67 STATE OF NEW JERSEY v. SAMUEL W. CHEN -- rank: 741

... defendants' admission into the pretrial intervention program (PTI or program), N.J.S.A. 2C:43-12, after they spurned the State's offer to consider admission ... PTI applications were denied based upon factors set forth in N.J.S.A. 2C:43-12. Defendants subsequently entered into plea agreements in which they pled ... for PTI admission is not expressly permitted or prohibited in N.J.S.A. 2C:43-12, Rule 3:28, or the PTI Guidelines. We conclude, however ... 20 written rejection recited the following factors set forth in N.J.S.A. 2C:43-12(e) as weighing strongly against admission: (1) The nature of ... gross abuse of discretion, and detailed the reasonableness of the N.J.S.A. 2C:43-12(e) factors the Prosecutor's Office applied in reaching its ... applications for admission to the program, are set forth in N.J.S.A. 2C:43- -12 to -13 (the PTI statute). At the time of ...

docket:	a1121-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-24
status:	Published
citation:
Document Size:	38576

68 STATE OF NEW JERSEY v. ANDREW J. SCHARLE -- rank: 741

... 4, 2012, defendant applied for admission into the PTI program, N.J.S.A. 2C:43-12. The program director, Senior Probation Officer Blanca I. Figueroa, considered the nature of the offense, N.J.S.A. 2C:43-12 (e)(1), the needs and interests of the victim and society, N.J.S.A. 2C:43-12 (e)(7), and whether the value of supervisory treatment would be outweighed by the need for defendant's prosecution, N.J.S.A. 2C:43-12 (e)(17). She also considered the assaultive nature of the ... 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 ...

docket:	a2014-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-15
status:	unpublished
citation:
Document Size:	24835

69 STATE OF NEW JERSEY v. SEAN K. JUSTICE -- rank: 741

... motion to admit him into the pretrial intervention program (PTI), N.J.S.A. 2C:43-12 to -22. For the reasons that follow, we reverse the ... on the State's reading of R. 3:28 and N.J.S.A. 2C:43-12, the State feels that [defendant] is not a suitable candidate ... R. 3:28 (3)(i) et. seq. as well as [ N.J.S.A.] 2C:43-12(e)(1), (2),(4),(7),(14), and (17, and found ... is 'entitled to full and fair consideration of his application.' N.J.S.A. 2C:43-12(f). The prosecutor must 'make 6 A-5244-15T1 an ... prosecutor is also specifically required to consider the factors in N.J.S.A. 2C:43-12(e). 1 In 1 These factors are: (1) the nature ... consider when assessing a defendant's application for PTI. See N.J.S.A. 2C:43-12(a)(1). If a prosecutor rejects an application, N. ...

docket:	a5244-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	36006

70 STATE OF NEW JERSEY v. LAQUANA S. RANSDELL -- rank: 732

... 12(b)), and the many other statutory factors listed in N.J.S.A. 2C:43- 12(e). While the prosecutor is imbued with 'great discretion,' and ... from PTI. The first was 'the nature of the offense.' N.J.S.A. 2C:43- 12(e)(1). The prosecutor asserted that 'defendant acted with total ... the second statutory factor – 'the facts of the case,' N.J.S.A. 2C:43-12(e)(2) – the State asserted that defendant acted 'purposeful ... – the 'needs and interests of the victim and society,' N.J.S.A. 2C:43-12(e)(7) – by referring to the license suspension and ... itself or in the possible injurious consequences of such behavior,' N.J.S.A. 2C:43- - 12(e)(10) – the State argues that 'defendant's behavior ... treatment would be outweighed by the public need for prosecution,' N.J.S.A. 2C:43-12(e)(14) – supports the opposition to PTI, the ...

docket:	a1476-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-10
status:	Unpublished
citation:
Document Size:	20048

71 STATE OF NEW JERSEY v. MIGUEL A. SOTO -- rank: 732

... of the factors applicable to the review of his application, N.J.S.A. 2C:43-12(e). We disagree. A. "[A]cceptance into PTI is dependent ... 3:28, that includes the consideration of factors listed in N.J.S.A. 2C:43-12(e). State v. Roseman , 221 N.J. 611 , 621 (2015 ... PTI because he would meet many of the criteria under N.J.S.A. 2C:43-12(e) and that his participation in supervisory treatment would benefit ... brief that addressed each of the factors set forth in N.J.S.A. 2C:43-12(e). The Prosecutor's principal argument was that a charge ... reflect consideration of each of the factors set forth in N.J.S.A. 2C:43-12(e). Although the discussion of these factors frequently focused on ... no history of physical violence or involvement with organized crime, N.J.S.A. 2C:43-12(e)(12) and (13), and that both N.J. ...

docket:	a1204-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	34312

72 STATE OF NEW JERSEY v. ALLAN A. THOMPSON -- rank: 730

... into the Pre-Trial Intervention (PTI) Program established pursuant to N.J.S.A. 2C:43-12 and Rule 3:28, and ordering defendant's enrollment into ... 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 ... 520. The State considered defendant's PTI application pursuant to N.J.S.A. 2C:43-12, Rule 3:28, and the accompanying Guidelines. In addition to ...

docket:	a5744-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-11
status:	unpublished
citation:
Document Size:	19359

73 STATE OF NEW JERSEY v. KURT T. HARRIS -- rank: 724

... had misapplied two of the seventeen PTI factors: factor five, N.J.S.A. 2C:43-12(e)(5) ('The existence of personal problems and character traits ... behavior can be controlled by proper treatment') and factor six, N.J.S.A. 2C:43-12(e)(6) ('The likelihood that the applicant's crime is ... 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)–(17).] The prosecutor's statement of reasons ... causes of criminal behavior can be controlled by proper treatment.' N.J.S.A. 2C:43-12(e)(5). It is not disputed that defendant does not ... be conducive to change through his participation in supervisory treatment.' N.J.S.A. 2C:43-12(e)(6). The prosecutor had initially concluded that factor ...

docket:	a1463-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-19
status:	Unpublished
citation:
Document Size:	42909

74 STATE OF NEW JERSEY v. M.G.M. -- rank: 724

... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). Furthermore, [e]ach applicant for supervisory treatment shall be ... application is based and the reasons offered for the denial. [ N.J.S.A. 2C:43-12(f).] "PTI decisions are 'primarily individualistic in nature' and a ... Hoffman , 399 N.J. Super. 207 , 214 (App. Div. 2008). N.J.S.A. 2C:43-12(e) directs prosecutors to consider seventeen factors "in formulating their ... the statute and the Rule . Id. at 219; see also N.J.S.A. 2C:43-12(e); Guideline 3(i). A "prosecutor must use his or ... in the possible injurious consequences of such behavior (factor ten). N.J.S.A. 2C:43-12(e)(1),(2),(7),(10). In light of the judge ... application is based and the reasons offered for the denial." N.J.S.A. 2C:43-12(f) (emphasis added). The prosecutor's evaluation should review ...

docket:	a6028-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-25
status:	unpublished
citation:
Document Size:	23670

75 STATE OF NEW JERSEY v. DAVID VUJICIC -- rank: 722

... with police by giving a statement admitting his guilt. See N.J.S.A. 2C:43-12(e); Pressler & Verniero, Current N.J. Court Rules , Guideline 3 ... the offense involved and touched upon defendant's public office, N.J.S.A. 2C:43-12(b)(2)(a), thereby making him presumptively ineligible for admission ... to forego prosecution and objected to defendant's admission. See N.J.S.A. 2C:43-12(e)(4). Furthermore, the prosecutor determined the RVFC and society ... need for prosecution outweighed the value of supervisory treatment. See N.J.S.A. 2C:43-12(e)(7) and (14). Defendant appealed. Citing N.J.S.A. 2C:43-12(e)(3), (5) and (6), he argued the prosecutor "failed ... 93 (1979)).] Although any defendant may apply to PTI, "both N.J.S.A. 2C:43-12(b) and Guideline 3(i) specify the offenses that ...

docket:	a4125-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-25
status:	unpublished
citation:
Document Size:	29805