Prosecutorial Misconduct — Patent Gross Abuse of Discretion

Introduction

prosecutorial misconduct, patent and gross abuse of discretion, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic court, municipal court, juvenile defense, attorney, lawyerCriminal defendants set the bar lower than law enforcement and law abiding citizens for prosecutorial misconduct. But general opinion does not persuade judges. Instead, judges must apply the law to the facts of each case in court. This blog post will review one case of prosecutorial misconduct that made it all the way to the Supreme Court of New Jersey.

The case involved the prosecutor’s denial of a particular PTI application. Indeed, the State appealed a trial court Order compelling William Roseman and his ex-wife Lori Lewin into PTI in 2012. Subsequently, after review by the Appellate Division, the issue went to the state’s Supreme Court. Read More