STATE OF NEW JERSEY VS. ANTWAIN T. WATERS
Defendant, from Georgia, unlawfully possessed a handgun while driving through New Jersey. A judge denied PTI, and defendant pled guilty, but the sentencing judge granted PTI. However, the statute and rules governing PTI do not contemplate the granting of PTI after a valid guilty plea.
It is defendant's burden to show that he could lawfully carry the gun in Georgia, and that he was unaware it was illegal to carry it in New Jersey or the states between which he was traveling. His residence in Georgia weighed against PTI, as persons under PTI are ineligible for transfer of supervision under the Interstate Compact for Adult Offender Supervision.
The 2008 Attorney General Directive to Ensure Uniform Enforcement of the "Graves Act" does not compel the granting of PTI to a person traveling between states if the person does not meet all the criteria in its example, or if there are other valid bases for denying PTI. Neither party on appeal may use the Attorney General's 2014 Clarification of "Graves Act" 2008 Directive to affect the validity of