State v. K.S.

In this case, we consider whether it was proper for the Somerset County Prosecutor to rely upon adult criminal charges that had been dismissed and juvenile charges of possession of a weapon, assault, fighting, and harassment that had been diverted and dismissed in rejecting defendant’s application for admission into the Somerset County Pretrial Intervention Program (PTI). The trial court and the Appellate Division affirmed the prosecutor’s decision. Because the record includes no admissions of conduct to support the truth of the allegations in defendant’s dismissed adult charges and diverted…