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

Asked over 1 year ago - 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. Ronald P Mondello

    Contributor Level 6

    5

    Lawyers agree

    1

    Answered . 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. James Alexander Abate

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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 Jabatelaw.com (732) 412-2364
  3. Scott C. Buerkle

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

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

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. Mark M Cheser

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

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