In a recent decision stemming from a Middlesex County case an appellate panel ruled that three Rutgers Fraternity Brothers were improperly denied admission to the Pre-Trial Intervention Program by the Prosecutors office. In State v. Chen, the three fraternity brothers lit part of the property of their fraternity house on fire, causing damage and injury. The Prosecutors office conditioned their entry into the PTI program on the defendants’ agreement to serve jail time.
Although imposing the condition of jail time for PTI admission was not expressly permitted or prohibited by the governing statute, court rule, or guidelines in effect at the time, the appellate panel concluded it was illegal to do so because vesting such authority to the Prosecutor’s Office would afford it powers contrary to the Legislature’s intent in creating PTI. The trial court was ordered to vacate the defendants’ guilty pleas and enter the defendants into PTI.
If you or a loved one is seeking counsel on PTI eligibility or any other consequences associated with a criminal charge in Jersey City, Secaucus, or the surrounding North Jersey Counties, do not hesitate to call our office for a free, confidential consultation.
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