Pretrial Intervention(PTI)Program to avoid criminal
trials
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 defendants decision to commit a 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.
PTI is not available if the criminal offense is a
disorderly person offense, such as simple assault, harassment or shoplifting.
In Municipal Court, your attorney can make a Motion for Conditional Dismissal.
For persons facing a first offense possession of marijuana charge, they can
apply for a Conditional Discharge. NJSA 2C: 36-1. As a practical matter, in
Municipal Courts, the defense attorneys sometimes can work out an agreement
with the complainant in a municipal court criminal ticket to have the
prosecution put on hold for six months. If the defendant complies with a
stipulated agreement, such as staying away from the complainant, after 12-36
months the criminal charges are dismissed.
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 6
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 and compliance with recommended treatment programs.
If a defendant successfully completes all the
conditions of PTI, then the prosecutor dismisses the original charges on the
recommendation of the Criminal Division Manager with consent, 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 prosecutors 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.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT
LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Website: www.njlaws.com
