Illegal Status Can Be PTI Rejection Factor – State v. Liviaz

In today’s Appellate Division decision in State v. Liviaz, the court held that while it is improper for a prosecutor to reject a PTI application solely on the basis that the applicant is in the United States illegally, the illegal immigration status of the PTI applicant, coupled with the steps he has taken to maintain his illegal status in our country are relevant factors that can justify rejection from the program. The case also presents a good overview of the standards for PTI rejection by prosecutors and the highly circumscribed review of the exercise of prosecutorial discretion that appellate courts will exercise when review a PTI rejection.

Download a copy of State v. Liviaz

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