Single mother is facing eviction, electric has been shut off
Shaneen Allen, the 27 year old Philadelphia single mother facing a New Jersey State Prison term for bringing a Pennsylvania licensed handgun into New Jersey has been offered entry into the Pre-Trial Intervention Program, according to a report on NBC10. (H/T Save Jersey)
Atlantic County Prosecutor James McCain issued a statement which said that, upon review, his rejection of Allen’s application to the PTI program was contrary to a 2008 “Graves Act” directive, according to NBC10.
According to the clarification a defendant may “avoid conviction for a Graves Act crime by being admitted to the PTI program.” The clarification also states that under New Jersey law prosecutors are “not permitted to reject categorically a defendant’s application for PTI on the grounds that he or she is charged with a crime that is subject to the presumption of imprisonment or a mandatory minimum sentence.”
Upon reviewing the clarification, McClain allowed Allen to enter the PTI program.
“I determined that the defendant in this case should be offered the opportunity to be admitted into the Atlantic County PTI Program and I have communicated that determination to the Court and to defense counsel,” McClain wrote in a released statement. “In the next few weeks I will review similar cases that are pending within our jurisdiction and make appropriate decisions following the application of the factors sent out in the clarification.”
McClain asked the Court for a three week adjournment in the case earlier this month after he came under national scrutiny in the wake of the video of former NFL star Ray Rice knocking out his then financee in an Atlantic City elevator became public. McClain admitted Rice to the same PTI program that Allen had applied to that erases the charges upon successful completion.
While Allen’s admission into the program is a very favorable result, she and her young sons have suffered greatly due to McClain’s error in not admitting her to the PTI program when she was first arrested last October.
MMM spoke to Allen this afternoon prior to her being informed that McClain had changed his position on PTI.
Allen spent 40 days in Atlantic County prior to making bail. Fortunately, she was able to retain her job upon making bail. Yet when the case became publicized in July, she lost her job. Allen told MMM that her rent is five months past due and that her electric had been turned off last week. Her sons have been staying with their father and she has been staying with friends.