I understand that NJ Defendants are excluded from PTI if Previously Diverted....

Asked almost 3 years ago - Freehold, NJ

But is that only for previous diversion programs in New Jersey or does it include programs in other states? I am applying for PTI but I went through an acelerated rehab program in CT a while back. Will that preclude me? I am also not a resident of New Jersey...will that matter?

Attorney answers (3)

  1. Mark M Cheser

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . In NJ one of the reasons for rejection is a prior diversion. The language used is "a similar program" to the NJ diversions an only one diversion is permitted.. However there is case law that would allow entry after a prior diversion out of state. It is likely that the prosecutor will not buy the argument and you would not be allowed into PTI. PTI is a prosecutor’s program so unless their rejection is a "patent and gross abuse of discretion" a judge will not and cannot overturn it. That is an extremely high standard. In Monmouth the prosecutor rejects for just about anything, they are much tougher on PTI admission than many other counties. You need an experience criminal defense attorney to even make the attempt. Call for a consultation if you like.

  2. Eric M. Mark

    Pro

    Contributor Level 20

    Answered . If the program in CT was a diversionary program, it will preclude PTI. Being from another state will not prevent entry into PTI.

  3. Carl Scott Spector

    Pro

    Contributor Level 11

    Answered . It seems highly unlikely that you would be granted PTI with your prior diversionary history.

    Good Luck-

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more

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