New Jersey v. K.S.

Defendant K.S. was arrested and charged with driving while intoxicated and refusing to submit to a breath test. As he was being transported to the Watchung Borough police station, defendant struck and attempted to spit blood onto the arresting officer. In addition to the above offenses, defendant was charged and ultimately indicted for third-degree aggravated assault on a law enforcement officer, fourth-degree throwing bodily fluids at a law enforcement officer, third-degree resisting arrest, and fourth-degree criminal mischief. Following his indictment, defendant sought admission into the Pretrial Intervention Program (PTI). The PTI director recommended denial of defendant s PTI application because of the assaultive nature of the offense and because of defendant s pattern of past anti-social behavior. After denial of his PTI application, defendant filed a motion to compel admission claiming that the prosecutor failed to consider whether his bipolar disorder and mental illness contributed to his conduct. The trial court remanded the matter to the prosecutor for consideration of the medical report provided by defendant. The prosecutor responded by letter explaining that the report had been considered and confirming the denial of defendant s admission into PTI. The trial court subsequently denied defendant s motion, concluding that the denial of his PTI application was not an abuse of discretion. After his motion was denied, defendant entered into a negotiated plea agreement in which he agreed to plead guilty to the charges in exchange for the State s recommendation to dismiss the driving while intoxicated charge. The State also agreed to recommend a non-custodial probationary sentence, community service, and restitution. Defendant was sentenced in accordance with the plea agreement and later appealed, challenging the denial of his PTI application. Because the record included 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. The Supreme Court therefore reversed the Appellate Division and remanded the case to the prosecutor for reconsideration of defendant s eligibility for PTI. View "New Jersey v. K.S." on Justia Law