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PTI Rejection of Megan’s Law Registered Defendant Reversed on Appeal


by in Criminal Defense

State v. E.A., unpublished opinion, App. Div. Docket No. A-0227-07T4 (March 17, 2010) – Denial of PTI reversed, case remanded for reconsideration by the prosecutor. “Following our review, we conclude, under the circumstances of this case, the Prosecutor’s rejection of defendant’s application for PTI included irrelevant factors and failed to sufficiently demonstrate a careful consideration of the facts in light of the applicable law….

We also are not persuaded by the Prosecutor’s renunciation of the prior inadvertent revelation of an informal policy to reject PTI applications of all Megan’s Law offenders. The State’s denial of the existence of such an improper policy is belied by the justification analysis submitted.

Pervading the Prosecutor’s decision to deny defendant’s application is an expressed emphasis on his juvenile adjudication and Megan’s Law violation, rather than an analysis of the facts surrounding whether the offense warrants PTI consideration. When pressed during argument, the Prosecutor could not suggest any Megan’s Law offender worthy of PTI admission except defendant’s brother, who was admitted only after we affirmed the trial court’s determination to vacate the Prosecutor’s rejection.

Moreover, the State has inaccurately skewed the facts of defendant’s juvenile adjudication to apply factor one, failed to review defendant’s assertion that he properly registered in Newark when he moved, possibly eclipsing the conclusion defendant willfully evaded his Megan’s Law registration requirements, omitted ameliorating information evincing defendant’s amenability to correction, misinterpreted factor seven by casting society as the victim of defendant’s victimless offense, and disregarded an individualized analysis of defendant’s reasonable prospects of rehabilitation with the purposes of PTI.”






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