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I've applied to P.T.I , is it true that the plaintiff has to agree with me entering the program.

Keyport, NJ |

I'm being charged with 3 rd degree aggravated assault. To make matters worse the plaintiff is my cousin who will definitely will not agree with me entering this program.

Attorney Answers 5

  1. The victim should be consulted but it is the State's ultimate determination. I suggest you apologize to your cousin through some other family member. Perhaps take care of his medical bills if any as a start.

  2. The plaintiff is the State of New Jersey. The victim will be consulted and their imput could be significant.

    Law Offices of James A. Abate (732) 412-2364

  3. No. That is not true. The prosecutor should take the victim's opinion into account as one of the factors to weigh, but the decision is ultimately in the prosecutir's hands. Good luck.

  4. PTI is a prosecutor's program. The victim, he is not a plaintiff, has input since he is the prosecutor's witness. The prosecutor can let you in over this objection or can they can reject. The position of the victim is one of the factors to be considered, 2C:43-12 (e)(4), for rejection but the prosecutor can easily fit the rejection within one of the other guidelines as well.

  5. Although the victim's input will be weighed by the DA, it is certainly up to the DA.

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