NJ Supreme Court Reverses Appellate Division in Criminal Case

January 8, 2015

In State v. K.S. , The NJ Supreme Court considered, principally, whether it was proper for the Somerset County Prosecutor to rely upon adult criminal charges that had been dismissed and juvenile charges that had been diverted and dismissed in rejecting defendant’s application for admission into the Pretrial Intervention Program (PTI).

 

The Court held: Because the record includes no admissions of conduct to support the truth of the allegations in defendant’s dismissed adult charges and diverted and dismissed juvenile charges, those charges were not appropriate factors to

be considered in deciding whether to admit defendant into PTI. Therefore, the judgment of the Appellate Division was reversed and the matter remanded to the prosecutor for reconsideration of defendant’s eligibility for PTI.

 

A copy of the opinion is available here: 

 

 

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