PTI rejected here for guy with child porn State v. C.J.L. Defendant pled guilty to third-degree endangering the welfare of a child by possessing images of child pornography. Pursuant to the negotiated plea agreement, the state recommended non-custodial probation, with several conditions specific to defendant's offense. The state further agreed to permit defendant to apply to pretrial intervention, although it did not support his admission. Defendant did apply for PTI, but a probation officer and the prosecutor recommended rejection. The trial court ultimately denied defendant's PTI application and sentenced him to a two-year term of probation, imposing nearly all the conditions set forth in the plea agreement, including restrictions on defendant's internet use and allowing for impromptu examinations of his computer. Defendant appealed from his conviction and the denial of his PTI application. The court affirmed defendant's conviction, ruling that the prosecutor's rejection of defendant's PTI application did not constitute a gross abuse of discretion. The court noted the trial court's finding that the prosecutor had considered all appropriate factors and had not considered any inappropriate factors. The court further noted that the prosecutor had considered defendant's mitigating factors but concluded that they did not outweigh the seven aggravating factors found by the prosecutor. Finally, the court noted the prosecutor's determination that PTI would not provide the level of supervision defendant required in light of his need of sex offender treatment. The court also noted that probation would serve a stronger deterrent to reoffense than PTI, since violating probation carried stronger consequences than violating PTI. source https://www.law.com/njlawjournal/almID/1612548327NJA205519T/
