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NJ PTI Program (Pretrial Intervention)

If you have never been arrested, the first time can be a terrifying & traumatic experience. Knowing your rights and options is vital to protecting yourself in any legal situation. The PTI program in New Jersey is a program that, under certain charges, helps individuals avoid conviction. Normally this process is straightforward, but in some situations depending on the charges, there can be obstacles to getting into this program. At Rosenberg | Perry & Associates, our team of lawyers is very familiar with the New Jersey PTI program and can help with admission.

What is the Pretrial Intervention Program (PTI)?

The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders charged with a non-violent disorderly person (misdemeanor) offense, with the chance to undergo treatment rather than face New Jersey’s drug offense penalties, as they would in the case of ordinary prosecution.  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.

Early rehabilitative services can reasonably be expected to deter future criminal behavior. Further, the rehabilitative model emphasizes that social, cultural, and economic conditions often result in a defendant’s decision to commit crime.

PTI is a program that is set forth by Rule 3:28 in the state’s Rules of Court. The rule sets forth the specific requirements of PTI and also provides guidelines for admission.  PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal or disorderly behavior by a defendant.

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.
  • 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.
  • Many of the costs associated with the formal court process are eliminated through acceptance into PTI.
  • PTI provides early resolution of a case that 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.

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.
  • Residence – PTI is designed for New Jersey residents, but others may apply.
  • Jurisdiction – Only defendants charged with criminal or penal offenses in New Jersey criminal or municipal courts.
  • Minor Violations – Not eligible if the likely result would be a suspended sentence without probation or a fine.
  • 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.

Individuals convicted of violent crimes are typically not admitted into PTI.  That said, individuals charged with assault in New Jersey may still be admitted into PTI.  In those cases a victim’s input is critical.

Criteria Considered for PTI Eligibility

Determining whether or not you are eligible for the PTI program is generally done by assessing the following criteria.

  • Pattern of Crime
  • Facts of the Case
  • History of Violence
  • Nature of the Case
  • Motivation/Age of Defendant
  • Whether the Crime Was Violent
  • Involvement in Organized Crime
  • Criminal Record and Penal Violations
  • Needs & Interests of the Victim/Society
  • Whether Prosecution May Rehabilitate or Solidify Behavior
  • Personal Problems/Character Traits Relating to Applicant’s Crime
  • Applicant’s Crime Related to Condition/Situation That May Foster Change
  • Is the Complainant or Victim Willing to Forego Prosecution?
  • Does the Value of Treatment Outweigh Prosecution?
  • Does Pre-Trial Intervention Negatively Affect the Prosecution of Co-Defendants?
  • Does Society Benefit More if Prosecution is Avoided?

NJ PTI Guidelines for Participation

Supervision under the PTI program typically ranges from one to three years. Standard conditions are imposed on those accepted into PTI, such as, random urine monitoring, and assessments for fees, penalties and fines.

Additional conditions may also be imposed such as performance of community service, payment of restitution, and submission to psychological and/or drug and alcohol evaluations with compliance to recommended treatment programs. If the person charged with a crime successfully completes their program (such as undergoing substance abuse treatment instead of criminal consequences), then the original charges are dismissed 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 trial list.

How Much Does the PTI Program Cost?

If you are accepted into New Jersey’s PTI program, it will cost you $75. However, in the cases of those who may be impoverished or can demonstrate their inability to pay, this fee can be waived. In comparison to the fees associated with conviction and jail time, this cost is mild.

Is PTI the Same as Probation?

While probation and PTI may be very similar in nature, they are not the same thing. PTI is overseen by the same department, but it is a diversionary program, as opposed to probation, which is still part of a normal sentence. PTI seeks to avoid sentencing and punishment altogether in an attempt to rehabilitate someone.

How Do You Apply for Pretrial Intervention? 

PTI applications should be made as early as possible upon the commencement of proceedings to the Criminal Division Office in the county where the criminal charge is filed, but no later than 28 days after indictment. 

You should speak with a Burlington County Criminal Lawyer before applying to PTI.  An experienced pti lawyer will be able to assist in discussing your options and maximizing your likelihood of entry into the program. 

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.  This report is forwarded to the prosecutor and defense counsel.  A defendant is accepted into PTI on the recommendation of the Criminal Division, with the consent of the prosecutor and the defendant.

If accepted, the conditions for participation are set forth in the PTI Order and must be followed for the defendant to successfully complete.  If for any reason the defendant is not accepted, the applicant may appeal the decision to the Presiding Judge of the Criminal Division.

What If You Are Denied From PTI?

While PTI may be a much better alternative for someone facing criminal charges, not everyone can be admitted. Following the criteria listed in the above eligibility section, the assistant prosecutor will ultimately decide whether or not you are admitted into the program. If they decide that you do not fit the eligibility criteria, you will be denied.

If you are denied, you still have some options to get into the program. The first option is to convince the assistant prosecutor that you should be let into the program. You can provide further evidence such as character letters or proof of rehabilitation. The second option is to appeal the original decision. This appeal is handled by the law division judge and the standard for a successful appeal is steep, which is why having an experienced attorney on your side could prove invaluable.  

Need Help? Hire a New Jersey PTI Lawyer

The lawyers at Rosenberg | Perry & Associates can help make a difference in your case, if you are trying to get accepted into New Jersey’s PTI program. If your application has been rejected the PTI lawyers at RPA can help. Despite helping with the appeal process, it is always good to have a lawyer in your corner if you’ve been charged with a crime. Call us today for a free consultation about your case.

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