Pretrial
Intervention Program (PTI)
Kenneth
Vercammen & Associates Law Office represents people charged with criminal
offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face prison, fines over
$10,000, jail, probation over 18 months, and other penalties. Don't give up! Our Law Office can provide experienced
attorney representation for criminal violations. Our website www.njlaws.com
provides information on criminal cases.
What is the Pretrial Intervention
Program (PTI)?
The
Pretrial Intervention Program (PTI) provides defendants, generally first-time
offenders, with opportunities for alternatives to the traditional criminal
justice process of ordinary prosecution. PTI seeks to render early
rehabilitative services, when such services can reasonably be expected to deter
future criminal behavior. The PTI program is based on a rehabilitative model
that recognizes that there may be an apparent causal connection between the
offense charged and the rehabilitative needs of a defendant. Further, the
rehabilitative model emphasizes that social, cultural, and economic conditions
often result in a defendant’s decision to commit crime. Simply stated, PTI
strives to solve personal problems which tend to result from the conditions
that appear to cause crime, and ultimately, to deter future criminal behavior
by a defendant.
Standardized Pretrial
Intervention Program (PTI) Procedures
Directive #14-05 promulgates for
statewide use a standard set of forms for processing Pretrial Intervention
Program (PTI) cases through the Criminal and Probation Divisions of the
Superior Court. Since December 1, 2005, the following language is used,
replacing any corresponding forms now in use in the court vicinages:
What Are the Benefits of the
Pretrial Intervention Program (PTI)?
If
PTI is successfully completed, there is no record of conviction and the
defendant avoids the stigma of a criminal record. Although no record of a
conviction exists, a defendant may want to file for an expungement to remove
any record of the original arrest.
Early
intervention allows rehabilitative services to be provided soon after the
alleged offense, in an attempt to correct the behavior that led to the offense.
Some of the costs associated with the formal court process are eliminated
through acceptance into PTI. PTI provides early resolution of a case, which
serves the interests of the victim, the public and the defendant. PTI reduces
the burden on the court and allows resources to be devoted to more serious
criminals.
What are the Conditions for
Participation in Pretrial Intervention?
Supervision
under the PTI program may run from 12 months to three years and is provided by
the Probation Division. Certain standard conditions are imposed on those
accepted into PTI, such as, random urine monitoring, and assessments of fees,
penalties and fines. Additional conditions may also be imposed to require the
performance of community service, payment of restitution, and submission to
psychological and/or drug and alcohol evaluations with compliance to
recommended treatment programs. If a defendant successfully completes all the
conditions of PTI, then the original charges are dismissed on the
recommendation of the Criminal Division Manager with consent by the prosecutor,
and there is no record of conviction. If a defendant does not successfully
complete the conditions of PTI, then the defendant is terminated from the PTI
program and the case is returned to the ordinary course of prosecution.
Who is Eligible for Pretrial
Intervention (PTI)?
Any
defendant who is charged with an indictable offense may apply. Admission
guidelines stated in the Court Rules set the following criteria:
Age - PTI is designed for adults.
Jurisdiction - Only defendants charged
with indictable offenses in New
Jersey may apply. Minor Violations - Charges that would likely result in a
suspended sentence without probation or a fine are generally not eligible.
Those charged with ordinance, health code and other similar violations are not
eligible. Prior Record of Convictions - PTI generally excludes defendants who
have been previously convicted. Parolees and Probationers - Generally excluded
without prosecutor’s consent and considered only after consultation with parole
and probation departments. Defendants Previously Diverted - Excludes defendants who have previously been
granted a diversionary program or
conditional discharge.
How Does One Apply for Pretrial
Intervention?
Applications
to PTI must be made no later than 28 days after indictment. There is a $75
non-refundable application fee. In certain instances, this fee may be waived.
The application process includes an interview with the defendant by a staff
member of the Criminal Division of the Superior Court. A written report is
prepared detailing the decision for admittance or rejection into the PTI
program. When a defendant is accepted into PTI on the recommendation of the
Criminal Division, with the consent of the prosecutor and the defendant, the
judge may postpone all further proceedings against the defendant for a period
not to exceed 36 months. The applicant
may appeal a rejection to the Presiding Judge of the Criminal Division within
10 days of the rejection.
1. You shall obey all federal,
state, and municipal laws and ordinances. You shall notify your probation
officer within 24 hours if you are arrested or issued a complaint summons in
any jurisdiction.
2. You shall report to your
probation officer as directed.
3. You shall answer all inquiries
by your probation officer truthfully.
4. You shall permit your
probation officer to visit your residence or any other suitable place.
5. You shall promptly report any
change of address or residence to your probation officer.
6. You must obtain permission if
you wish to move outside the state.
7. You shall seek and maintain
gainful employment, and promptly notify your probation officer when you
change your place of employment
or find yourself out of work.
8. You shall cooperate in any
test, treatment and/or counseling deemed necessary by your probation officer
during the PTI period of postponement.
If
the court finds that you have not complied with the conditions of your PTI
Supervision, the Court may modify the conditions of PTI Supervision, or
terminate you from the program. If you are terminated from PTI Supervision,
your charges will be reactivated and criminal court proceedings will resume.
Failure to comply with the
payment requirements may result in further Court action including termination,
attachment of your wages, filing of a civil judgment, or extension of your PTI
Supervision for purposes of collection.
