Drug Dealer Chiropractor Not Allowed into Pretrial Intervention Program

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The New Jersey Pretrial Intervention Program (PTI) “is a diversionary program through which certain offenders are able to avoid criminal prosecution by receiving early rehabilitative services expected to deter future criminal behavior.”

Jason Mittleman appealed from an order denying his motion to compel his admission into the PTI program.In State Of New Jersey v. Jason Mittleman, No. A-0925-20, Superior Court of New Jersey, Appellate Division (June 22, 2022) the Chiropractor appealed the refusal to allow him in the PTI program.


Mittleman is a chiropractor. He stole another doctor’s prescription pad. Over the next twenty-two months, Mittleman submitted false prescriptions to obtain thousands of oxycodone pills.

The PTI Program

Mittleman applied for admission into the PTI program. The Morris County Prosecutor’s Office rejected his application.

A Law Division judge entered an order denying Mittleman’s motion to compel his entry into the PTI program.

Guilty Plea

The following month, Mittleman pled guilty to third-degree insurance fraud. In accordance with the plea agreement, Mittleman was sentenced to one year probation with a condition that he surrender his chiropractic license during the probationary period.


To overturn a prosecutor’s rejection, a defendant must clearly and convincingly establish that the prosecutor’s decision constitutes a patent and gross abuse of discretion.

The prosecutor also considered Mittleman’s use of the oxycodone.

The appellate court rejected Mittleman’s arguments concerning factual errors by the prosecutor because those arguments were not supported by the record and affirmed the trial court’s decision.


For a health care provider to steal a prescription pad and obtain for his personal use and distribution to others oxycodone illegally to seek admission to the PTI program would have allowed him to avoid his admitted criminal conduct. That he appealed the denial after being allowed to plead guilty to only one count and be sentenced only to probation was unconscionable.

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Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].

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