Search Rutgers Law Library N.J. Court Opinions

1 State v. William Roseman -- rank: 1000

... 3:28 and eleven of the seventeen factors listed in N.J.S.A. 2C:43-12(e), including the “nature of the offense,” the ... application of the factors set forth by the prosecutor under N.J.S.A. 2C:43-12(e). Denial of defendants’ applications to Pretrial Intervention (PTI) by ... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e). Additionally, a PTI determination requires that the prosecutor make ... State v. Watkins , 193 N.J. 507 , 520 (2008) (quoting N.J.S.A. 2C:43-12(b)). N.J.S.A. 2C:43-12(b) and Guideline 3(i) specify a presumption against PTI ... application of the factors set forth by the prosecutor under N.J.S.A. 2C:43-12(e). The prosecutor merely parrots the statutory language, and ...

docket:	A-105-13
court:	NJ Supreme Court
decided:	2015-06-18
status:
citation:	216 N.J. 271 78 A.3d 971
Document Size:	73869

2 State v. Richard Gomes -- rank: 972

... “one diversion only” general limitation of the PTI statute, N.J.S.A. 2C:43-12(g)(1), and the terms of expungement statutes enacted before ... any criminal offense under the laws of New Jersey.” N.J.S.A. 2C:43-12(a) (emphasis added). With respect to defendants who have not ... any person who has previously received . . . a conditional discharge.” N.J.S.A. 2C:43- - 12(g)(1) (emphasis added). The text of the current Rule ... as the treatment of a particular “case.” See N.J.S.A. 2C:43-12(e)(15). (pp. 28-33) 5. The text of the ... is mindful of the PTI statute’s generic language in N.J.S.A. 2C:43-12(g)(1) -- that a person with a previous conditional discharge ... marijuana contexts the “one diversion only” general mandate of N.J.S.A. 2C:43-12(g). That provision continues to apply for such other ...

docket:	a-64-65-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:
citation:
Document Size:	87794

3 STATE OF NEW JERSEY v. LUIS E. GAMBOA-APARICIO -- rank: 956

... positive factors to be considered, the prosecutor's reasons for N.J.S.A. 2C:43-12(e)(14), (15) and (17) were too generalized, and it ... use defendant's prior dismissed charges alone as evidence supporting N.J.S.A. 2C:43-12(e)(8). Id. at 4. On remand, the prosecutor no ... found all but two weighed against admission. 1 As to N.J.S.A. 2C:43-12(e)(1), '[t]he nature of the offense[,]' the prosecutor reasoned: 1 The prosecutor did not consider N.J.S.A. 2C:43-12(e)(12), '[t]he history of the use of physical violence toward others[,]' or N.J.S.A. 2C:43-12(e)(16), '[w]hether or not the applicant’s 3 ... leading them down the path to self-destruction. As to N.J.S.A. 2C:43-12(e)(2), '[t]he facts of the case[,]' the ...

docket:	a4705-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-19
status:	published
citation:
Document Size:	69419

4 State v. Sean Bell -- rank: 950

... determined that defendant’s PTI application was not timely because N.J.S.A. 2C:43-12(e), the statute governing PTI, requires applications to be made ... expressly contemplated that PTI applications would be made before trial. N.J.S.A. 2C:43-12(e). (pp. 12-15) 2. The Court has reviewed various ... factors to support the rejection: the nature of the offense, N.J.S.A. 2C:43-12(e)(1); the facts of the case, N.J.S.A. 2C:43-12(e)(2); the need and interest of the victim and society, N.J.S.A. 2C:43-12(e)(7); the crime is assaultive or violent in nature or in possible injurious consequences, N.J.S.A. 2C:43-12(e)(10); the value of supervisory treatment would be ...

docket:	A-21-12
court:	NJ Supreme Court
decided:	2014-05-13
status:
citation:
Document Size:	64626

5 STATE OF NEW JERSEY v. ILENA Y. SILVA -- rank: 948

... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e).' Ibid. However, effective July 1, 2018, 'Rule 3:28 ... against admission . . . for a defendant charged with violence' contained in N.J.S.A. 2C:43- 12(b)(2)(b). The prosecutor also relied on factors 1 ... of the statute to support his decision against admission. See N.J.S.A. 2C:43- 12(e)(1) ('[t]he nature of the offense'); N.J.S.A. 2C:43-12(e)(2) ('[t]he facts of the case'); N.J.S.A. 2C:43-12(e)(3) ('[t]he motivation and age of the defendant'); N.J.S.A. 2C:43-12(e)(4) ('the desire of the . . . victim to forego ...

docket:	a4588-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	30485

6 State v. K.S. -- rank: 937

... applicants. The Legislature also codified the PTI Program by enacting N.J.S.A. 2C:43-12, which largely adopted the procedures and guidelines established by Rule ... PTI Programs in the vicinage. R. 3:28(a), (b). N.J.S.A. 2C:43-12(e) lists seventeen non-exclusive factors to be considered by ... court are required to consider the criteria set forth in N.J.S.A. 2C:43-12. Also, the written recommendations of the program director and prosecutor ... to one or more of the factors set forth in N.J.S.A. 2C:43-12(e). (pp. 14-16) The judgment of the Appellate Division ... to promote deterrence through rehabilitation for qualified applicants. See also N.J.S.A. 2C:43-12(a)(stating the purpose of Pretrial Intervention is to � ... 1979, the Legislature codified the Pretrial Intervention Program by enacting N.J.S.A. 2C:43-12, which largely adopted the procedures and guidelines established by ...

docket:	A-36-13
court:	NJ Supreme Court
decided:	2015-01-08
status:
citation:	220 N.J. 190 104 A.3d 258
Document Size:	61436

7 STATE OF NEW JERSEY v. ALEXANDER GOLDINSKY -- rank: 918

... to compel entry into the Pretrial Intervention Program (PTI). See N.J.S.A. 2C:43-12. After the rejection, defendant pled guilty to third-degree insurance ... spaced letter, the prosecutor considered the statutory factors enumerated in N.J.S.A. 2C:43-12(e) and concluded defendant was not a suitable candidate for ... aggravating: one, two, three, four, six, seven, fourteen, and seventeen, N.J.S.A. 2C:43-12(e)(1), (2), (3), (4), (6), (7), (14) and (17 ... As to factor one, '[t]he nature of the offense,' N.J.S.A. 2C:43-12(e)(1), the prosecutor stated, 'admitting this defendant into PTI ... As to factor two, '[t]he facts of the case,' N.J.S.A. 2C:43-12(e)(2), the prosecutor noted that defendant filed a workers ... program.' As to factor three, defendant's age and motivation, N.J.S.A. 2C:43- 12(e)(3), the prosecutor noted defendant was a fifty- ...

docket:	a1474-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-14
status:	Unpublished
citation:
Document Size:	30445

8 STATE OF NEW JERSEY v. R.P.M. -- rank: 899

... offense as a crime "of an assaultive or violent nature," N.J.S.A. 2C:43-12(e)(10) (factor (10)), and had failed to consider "[t ... he desire of the complainant or victim to forego prosecution," N.J.S.A. 2C:43-12(e)(4) (factor (4)). The court remanded the case to ... Point II — [The trial court] erred in finding that N.J.S.A. 2C:43-12( e )(10) was not implicated as a matter of law ... standard of review. III. The PTI program is governed by N.J.S.A. 2C:43-12 to -22, Rule 3:28, and the Guidelines for Operation ... Nwobu , supra , 139 N.J. at 248 (footnote omitted).] Likewise, " N.J.S.A. 2C:43-12(e) lists seventeen non-exclusive factors to be considered by ... PTI based on five of the statutory factors contained in N.J.S.A. 2C:43-12(e), factors (1), (2), (7), (10), and (14). 2 ...

docket:	a1605-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-15
status:	unpublished
citation:
Document Size:	43095

9 STATE OF NEW JERSEY v. DONOVAN L. HAYDEN -- rank: 888

... quoting State v. Watkins , 193 N.J. 507 , 520 (2008)); N.J.S.A. 2C:43-12(b)(1), and to consider the statutory criteria required by N.J.S.A. 2C:43-12(e). For the reasons that follow, we reverse the trial ... admission or codify a presumption against admission for such defendants. N.J.S.A. 2C:43-12. As amended by L. 2015, c. 98, which was effective ... to PTI was that he enter a plea of guilty. N.J.S.A. 2C:43-12(g)(3). The statute provides further, "the plea shall be ... 621-22 (quoting Watkins , supra , 193 N.J. at 520); N.J.S.A. 2C:43-12(b)(1). The prosecutor was also specifically required to consider the seventeen factors listed in N.J.S.A. 2C:43-12(e), State v. Lee , 437 N.J. Super. 555 , ...

docket:	a5084-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-01
status:	unpublished
citation:
Document Size:	72292

10 STATE OF NEW JERSEY v. CELESTE R. JENNINGS -- rank: 885

... The PTI denial relied on the facts of the case, N.J.S.A. 2C:43-12(e)(2); the needs and interest of the victim and society, N.J.S.A. 2C:43-12(e)(7); the extent to which the defendant's crime ... constitutes part of a continuing pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8); the defendant's record of criminal and penal ... to which she may present a substantial risk to others, N.J.S.A. 2C:43-12(e)(9); whether or not the crime is of an assaultive or violent nature, N.J.S.A. 2C:43-12(e)(10); and defendant's history of violence towards others, N.J.S.A. 2C:43-12(e)(12). Defendant argues that in addressing these factors, ...

docket:	a5966-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-15
status:	unpublished
citation:
Document Size:	30130

11 STATE OF NEW JERSEY v. E.R. -- rank: 882

... mental health problems, entry into the pretrial intervention program (PTI), N.J.S.A. 2C:43-12, based primarily on the belief that probation could provide a ... the State reviewed each of the seventeen factors enumerated in N.J.S.A. 2C:43-12(e) and found the following factors weighed against defendant's ... offender into a supervisory treatment program; The State also considered N.J.S.A. 2C:43-12(e)(5): the existence of personal problems and character traits ... into PTI. Lastly, the State found the following factors under N.J.S.A. 2C:43-12(e) were 'not applicable' and did not weigh against defendant ... PTI application, having altered its position on three factors, namely N.J.S.A. 2C:43-12(e)(3), (5), and (9). Regarding N.J.S.A. 2C:43-12(e)(3), the motivation and age of defendant, the ...

docket:	a1294-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-14
status:	Published
citation:
Document Size:	38505

12 STATE OF NEW JERSEY v. RYAN I. BUNTY -- rank: 874

... the Middlesex County pre-trial intervention (PTI) program pursuant to N.J.S.A. 2C:43-12(f), and from the court's February 11, 2013 order ... factors to support the rejection: the nature of the offense, N.J.S.A. 2C:43-12(e)(1); the facts of the case, N.J.S.A. 2C:43-12(e)(2); the needs and interests of society, N.J.S.A. 2C:43-12(e)(7); the extent to which the defendant's crime constitutes a pattern of anti-social behavior, N.J.S.A. 2C:43-12(e)(8); and the crime is of such a nature ... treatment would be outweighed by the public need for prosecution, N.J.S.A. 2C:43-12(e)(14). The prosecutor simply set forth the relevant ...

docket:	a2745-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	30726

13 STATE OF NEW JERSEY v. RUSSELL E. OLEXA -- rank: 866

... He argued the State failed to consider the factors under N.J.S.A. 2C:43-12(e). Defendant emphasized the underlying offense did not involve a ... the CCPO failed to consider the factors set forth in N.J.S.A. 2C:43-12(e). The State counters the trial court properly determined the ... PTI under Rule 3:28-1(d) the analysis under N.J.S.A. 2C:43-12(e) is not necessary when a defendant fails to establish ... Rule 3:28, along with consideration of factors listed in N.J.S.A. 2C:43-12(e). These factors include 'the details of the case, defendant ... State v. Watkins, 193 N.J. 507, 520 (2008)]; see N.J.S.A. 2C:43-12(e). Additionally, a PTI determination requires that the prosecutor make ... 21 8 rehabilitation.'' Watkins, 193 N.J. at 520 (quoting N.J.S.A. 2C:43-12(b)). [Roseman, 221 N.J. at 621-22.] However, ...

docket:	a0361-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-03
status:	Unpublished
citation:
Document Size:	27226

14 STATE OF NEW JERSEY v. P.S.C. -- rank: 863

... his application for admission to the pretrial intervention program (PTI), N.J.S.A. 2C:43-12. Defendant was charged for behavior occurring on January 22, 2017 ... 1) to -(2), the needs and interests of the public, N.J.S.A. 2C:43-12(e)(7), the value of supervisory treatment, N.J.S.A. 2C:43-12(e)(14), and that the harm to society by forgoing ... the benefit to society of defendant's admission to PTI, N.J.S.A. 2C:43-12(e)(17). Defendant appealed from the denial of PTI to ... s questions, although more analysis was provided for the applicable N.J.S.A. 2C:43-12(e) factors. The parties reconvened in February 2019, when the ... EVEN ENCOURAGING THE STATE TO IGNORE APPLICABLE FACTORS LISTED IN N.J.S.A. 2C:43- 12(E) AND TO CONSIDER INAPPROPRIATE FACTORS, ERRED IN FINDING ...

docket:	a4028-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-15
status:	Unpublished
citation:
Document Size:	32445

15 STATE OF NEW JERSEY v. EBONY I. REED -- rank: 852

... and identified six of the seventeen factors set forth in N.J.S.A. 2C:43-12(e) that weighed against admission. The prosecutor noted that defendant ... did not explicitly analyze the remaining factors set forth in N.J.S.A. 2C:43-12(e). Nevertheless, the prosecutor explained that she had taken into ... The program is governed by statute and court rule. See N.J.S.A. 2C:43-12; R. 3:28. ' N.J.S.A. 2C:43-12(e) sets forth a list of seventeen nonexclusive factors that ... for prosecutors to consider the nature of the offense. See N.J.S.A. 2C:43-12(e)(1); R. 3:28-4(b)(1). 'If the ... prosecutor failed to assess all the factors set forth in N.J.S.A. 2C:43-12(e). In that regard, defendant asserts the prosecutor failed ...

docket:	a2249-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	26928