I’m going to go on a bit of a rant about the #criminaljusticesystem right now about a case I have. #lawyer

I am defending someone charged with sexual assault right now. It’s very clear from all facts in evidence that this was NOT a sexual assault.

I filed a motion for entry into the diversionary program, what in NJ is called PTI. It’s a PERFECT case for PTI. I absolutely destroyed the prosecutor at oral argument and we were awaiting the Court’s decision.

While we were waiting for the judges order, I have a conference with the prosecutor and say why don’t we go into the judge and you consent to this program and have the Judge place him in the program and the case will be over. #lawtwitter

The prosecutor knowing they got absolutely crushed at the motion hearing consents. We meet with the judge and communicate that we both agree to have the motion granted. So naturally what happens next is..... #lawtwitter

Naturally the judge DENIES entry to my the program based on unlawful and improper considerations. I immediately file a motion to reconsider and reach out to the prosecutor to tell her I want to meet again with the judge and maybe be more clear about what we want #lawtwitter

The prosecutor is now emboldened by her victory and now refuses to consent into his entry into the program. #lawtwitter

What has happened that changed the prosecutors mind you ask? Absolutely nothing, nothing has changed, other than her perceived victory and upper hand. #lawtwitter #criminaldefense

As an aside this is a case the prosecutor said themselves was a borderline charge, but would NEVER be tried, and that not to worry and about it would work out. #lawtwitter #criminaldefense

So does the prosecutor attempt to work it out? She offers a plea that involves #MegansLaw and supervision for life for a defendant that poses ZERO threat to anyone and a case that was almost DISMISSED at a probable cause hearing. #lawtwitter #CriminalJusticesystem

And this is the nonsense #criminaldefense lawyers deal with every single day. It’s not about right or wrong, it’s not about justice, it’s about the states power and trying to “win” more than it is about seeking justice. #lawtwitter