New Jersey Criminal Defense Blog

A recent New Jersey Appellate Division case addressed the issue of whether a defendant should be allowed to apply for Pre-Trial Intervention (PTI), even if the application is unlikely to be granted due to the prosecutor’s opposition.

Defendant Robert Dwayne Green was indicted on three related third-degree CDS offenses, based on his alleged drug sale in New Jersey of $150.00 worth of cocaine to an undercover detective. Defendant attempted to apply to the Monmouth County Vicinage Criminal Division for admission to PTI. Subsequently he received a notice from the Criminal Division manager stating that he would not be permitted to apply for PTI because his case had “been pre-screened by the Monmouth County Criminal Division” and that without the prosecutor’s written consent, his application would not be reviewed.

The Appellate Division held that it was error for the Criminal Division manager to refuse defendant the opportunity to submit an application for pretrial intervention. Pursuant to Rule 3:28 and the accompanying PTI guidelines, a defendant must be allowed to apply for PTI, even if the application is not likely to be granted due to the prosecutor’s opposition.

It is clear from Rule 3:28 that the Criminal Division must at least allow a defendant to submit an application to PTI, and must evaluate the application. The PTI guidelines explicitly provide that all defendants must be permitted to apply, and the Criminal Division manager must consider the merits of the application. Although the prosecutor has enormous influence over a defendant’s admission to PTI, the Criminal Division manager cannot short-circuit a defendant’s statutory right to apply for PTI, even if the application is unlikely to receive a favorable recommendation.

If you have been charged with a drug crime in New Jersey, it is imperative that you contact an experienced New Jersey crimes attorney as soon as possible. PTI is a potentially excellent way to resolve your case, but you need an attorney who knows and understands the law and can do everything possible to ensure that you receive the best treatment possible. Call the skilled New Jersey criminal defense attorneys at Lependorf and Silverstein today for a free consultation.

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Pre-Trial Intervention Program (PTI)

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A recent New Jersey Appellate Division case, State v. Mosner, dealt with issues of prosecutorial discretion in PTI cases.

In this case, David McInnis was charged with assault by motor vehicle (a snowmobile), and five motor vehicle offenses, including leaving the scene of an accident resulting in injury or death to any person. Mr. McInnis applied for admission to the Pre-Trial Intervention Program (PTI). The prosecutor consented, conditioned on defendant pleading guilty to the motor vehicle charges. Mr. McInnis refused to plead guilty to leaving the scene of an accident with injuries, where a guilty plea would result in a jail sentence. The defendant appealed the prosecutor’s decision to a Law Division judge, who denied the appeal.

Mr. McInnis went to trial on all of the charges and was found guilty of them all, including the criminal and motor vehicle charges. On appeal, Mr. McInnis claimed that the prosecutor abused his discretion and violated Guideline 4 of Rule 3:28 by conditioning his admission into PTI on his pleading guilty to the motor vehicle charges.

The Appellate Division held that the prosecutor did not abuse his discretion in conditioning defendant’s admission into PTI on his pleading guilty to a motor vehicle offense that carried a mandatory 180-day jail term.

The Appellate Division reasoned that in making a PTI determination, the prosecutor must evaluate the criteria in N.J.S.A. 2C:43-12e and the Rule 3:28 guidelines. As part of that determination, he must assess a defendant’s amenability to correction and potential responsiveness to rehabilitation. Prosecutors are granted wide latitude in deciding whom to divert into the PTI program. To overturn a prosecutor’s rejection, a defendant must clearly and convincingly establish that the prosecutor’s decision constitutes a patent and gross abuse of discretion.

If you are charged with a crime in New Jersey, it is imperative that you contact an experienced New Jersey criminal attorney as soon as possible. PTI is a great program, but gaining admission can have some complications. You must be guided by an attorney who has the experience and know how to get you into PTI. Contact the attorneys at Lependorf and Silverstein for a free consultation.

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Posted In: Pre-Trial Intervention Program (PTI)

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