Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a4200-17.opn.html -- rank: 1000

... into the conditional dismissal program pursuant to the requirements of N.J.S.A. 2C:43-13.1 to -13.9 (the Act). For the reasons that ... the Act. 1 Subject to certain exceptions set forth in N.J.S.A. 2C:43- 13.1(b)(1),2 a defendant who is charged with ... 1 The Act became effective on January 4, 2014. 2 N.J.S.A. 2C:43-13.1(b)(1) states that [a] defendant shall not be ... participated in one of the diversionary programs set forth in N.J.S.A. 2C:43-13.1(a), may apply to the municipal court to enter ... as to whether the application should be granted or denied. N.J.S.A. 2C:43-13.2. In addition to reviewing the municipal prosecutor's recommendation ... must also consider the following ten factors set forth in N.J.S.A. 2C:43-13.1(c): (1) The nature and circumstances of the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21902

2 RSI Bank v. The Providence Mutual Fire Insurance Company -- rank: 859

... or the assignment judge, not to exceed three years.” N.J.S.A. 2C:43-13(c). When a defendant was accepted into PTI, the designated ... and his or her counsel if the participant is represented. N.J.S.A. 2C:43-13(a). A participant’s violation of his or her PTI ... the participant’s dismissal from the supervisory treatment program.” N.J.S.A. 2C:43-13(e). In that event, “the charges against the participant ... expired. R. 3:28(c)(1), (2); see also 17 N.J.S.A. 2C:43-13(d) (providing for dismissal with prejudice, with prosecutor’s consent ... s recommendation and with the parties’ consent pursuant 24 to N.J.S.A. 2C:43-13(c) and Rule 3:28(c)(1), even if the ... addressing orders that PTI participant’s prosecution resume); see also N.J.S.A. 2C:43-13(e) (authorizing PTI court to determine after summary hearing ...

docket:	a_68_16
court:	New Jersey Supreme Court
decided:	2018-08-07
status:
citation:
Document Size:	59965

3 State v. Richard Gomes -- rank: 846

... drug offenses. Unlike PTI dispositions, described more fully below, see N.J.S.A. 2C:43-13, which are largely left to the discretion of the prosecutor ... 1, a conditional dismissal pursuant to L. 2013, c. 158 ([ N.J.S.A.] 2C:43-13.1 et al.), or was granted a dismissal due to ...

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

4 STATE OF NEW JERSEY v. SEAN LAVIN -- rank: 825

... 21 13 treatment pursuant to subsection d. or e. of N.J.S.[A. ]2C:43-13. Upon successful completion of the program of supervisory treatment the ...

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

5 STATE OF NEW JERSEY v. A.M -- rank: 821

... and has successfully completed the requirements of the program. See N.J.S.A. 2C:43-13. The PTI program is ordinarily intended for first-time criminal ...

docket:	a2128-13
court:	New Jersey Superior Court Appellate Division
decided:	2014-06-18
status:	Published
citation:
Document Size:	31400

6 State of New Jersey v. Mylee Cottle -- rank: 812

... successfully completes the program, the criminal charges are dismissed. See N.J.S.A. 2C:43-13(d); R. 3:28(c). The terms of Olitsky’s ... view, Olitsky violated the terms of his PTI enrollment. See N.J.S.A. 2C:43-13(e); R. 3:28(c)(3). 6 Olitsky was under ... period a defendant is enrolled in a PTI program. See N.J.S.A. 2C:43-13(b); R. 3:28(b)-(c). An indictment is dismissed ... the court, “with the consent of the prosecutor.” N.J.S.A. 2C:43-13(d); R. 3:28(c)(1). 5 “The transfer ...

docket:	a-111-06
court:
decided:	2008-05-06
status:
citation:	194 N.J. 449
Document Size:	111793

7 STATE OF NEW JERSEY v. LEEANN RAHMAN -- rank: 793

... violation of the conditions of the program is governed by N.J.S.A. 2C:43-13(e), which requires the court to "determine, after [a] summary ... under the circumstances, the trial court had the discretion under N.J.S.A. 2C:43-13 to reconsider the earlier order terminating defendant's participation in ... A. ] 2C:36A-1, or a conditional dismissal pursuant to [ N.J.S.A. ] 2C:43-13.1 [to -13.6] shall not be eligible for supervisory ...

docket:	a3250-14
court:	NJ Superior Court Appellate Division
decided:	2015-11-20
status:	unpublished
citation:
Document Size:	23084

8 STATE OF NEW JERSEY v. LEONARD COLEMAN -- rank: 784

... treatment for a period generally "not to exceed three years." N.J.S.A. 2C:43-13(a)-(c); see R. 3:28(b)-(d). On their ... completion of such treatment, their charges are dismissed with prejudice. N.J.S.A. 2C:43-13(d); see R. 3:28(c). The eligibility criteria for ...

docket:	a4264-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-14
status:	unpublished
citation:
Document Size:	28347

9 STATE OF NEW JERSEY v. A.S.-M. -- rank: 750

... defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43-13(e), including the obligation to undertake a "conscientious judgment" to ... a sufficient termination hearing. Termination from PTI is governed by N.J.S.A. 2C:43-13(e), which states, in pertinent part: "the court shall determine ...

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

10 STATE OF NEW JERSEY v. KEVIN MCGUIRE -- rank: 737

... A. 2C:43-12(e)(1) to (17). In addition, N.J.S.A. 2C:43-13 establishes a procedure for supervisory treatment, and N.J.S ...

docket:	a5138-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	35843

11 STATE OF NEW JERSEY v. P.S.C. -- rank: 731

... not retain jurisdiction. 4 PTI may last for three years. N.J.S.A. 2C:43-13(c). We state no opinion as to whether defendant may ...

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

12 STATE OF NEW JERSEY v. JAZMINE HOLLOWAY -- rank: 656

... a viable candidate for PTI. See A-0107-20 3 N.J.S.A. 2C:43-13(e). That same day, an order was entered terminating Holloway ... and duration of the A-0107-20 6 supervisory treatment. N.J.S.A. 2C:43-13(a). A participant's enrollment in PTI, however, should not ... or her PTI conditions can be terminated from the program. N.J.S.A. 2C:43-13(e). Before a participant can be terminated, 'minimum due process ... of continued participation in that or another supervisory treatment program.' N.J.S.A. 2C:43-13(e). That review requires the court to 'undertake a 'conscientious ... defendant from PTI failed to adhere to the requirements of N.J.S.A. 2C:43- 13(e).' Id. at 338-39. A motion for readmission into ...

docket:	a0107-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-14
status:	Unpublished
citation:
Document Size:	19384

13 STATE OF NEW JERSEY v. LAQIESHA R. COOKE -- rank: 650

... and has successfully completed the requirements of the program. See N.J.S.A. 2C:43-13. The PTI program is ordinarily intended for first-time offenders ...

docket:	a4239-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-06
status:	unpublished
citation:
Document Size:	18807

14 STATE OF NEW JERSEY v. ANDREW N. LAVRIK -- rank: 646

... N.J.S.A. 2C:43-12(g)(3) and N.J.S.A. 2C:43-13(b) while defendant remains under supervisory treatment. Citing the applicable ... the practical application of the civil reservation order. Pursuant to N.J.S.A. 2C:43-13(b), a guilty plea entered as a condition of admission ...

docket:	a1540-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Published
citation:
Document Size:	60796

15 MICHELE SCHWAB v. WOODBRIDGE TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION MIDDLESEX COUNTY -- rank: 615

... 2016, plaintiff applied for admission to the conditional dismissal program. N.J.S.A. 2C:43-13.1 to -13.9. Entry into this program requires a guilty plea. N.J.S.A. 2C:43-13.1(a). Plaintiff pled guilty and she was admitted to ...

docket:	a4768-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-15
status:	unpublished
citation:
Document Size:	35951