What Are The Eligibility Requirements For Pretrial Intervention?
In order to be eligible for PTI, an individual must be charged with an indictable crime of either the third or fourth degree, have no prior criminal record, and cannot have be granted Pretrial Intervention or Conditional Discharge Previously.
Can Someone Be Rejected If Eligibility Requirements For PTI Are Met?
Yes. There are numerous factors that can lead to rejection including, but not limited to, the position of the victim, the applicant’s history of anti-social behavior, violence, motivation, and likelihood of success in the program, whether there are pending charges against co-defendants, the public need for prosecution, and harm to the public in abandoning prosecution. Offenses that carry mandatory periods of parole ineligible (e.g. Graves Act, Brimage Guidelines, etc.) are also presumptively rejected from Pretrial Intervention.
Is It Ever Possible To Get PTI If The Charge Is A First Degree or Second Degree Crime?
Yes. If the prosecutor consents to an application and/or admission into Pretrial Intervention, a first or second degree crime may be resolved through the program.
How Long Is Pretrial Intervention?
While PTI is typically for a term of one (1) year, N.J.S. 2C:43-13 permits a judge to place an individual in the program for up to three (3) years.
Are There Standard Conditions That Usually Apply Under The Program?
The conditions contained in the standard PTI forms adopted by the Administrative Office of the Courts require voluntary submission to random drug testing, reporting to probation as directed, performance of any required community service, and being arrest free during the term of the program.
What Are The Benefits Of Pretrial Intervention?
The biggest benefit of PTI is your avoiding a criminal record upon successful completion of the program. Another benefit is your not having to endure the cost, time, inconvenience and stress involved in a formal prosecution.
Can I Participate In PTI If I Reside In New York, Pennsylvania or Another State?
While Pretrial Intervention is designed for defendants who are NJ residents, the program is available to non-residents too. The applicant must, however, be capable of fulfilling the requirements of PTI irrespective of his out of state residency.
How Does The Process Work?
The first step in the Pretrial Intervention process is to file an application. This application will be reviewed by a probation officer and, in most cases, an interview will be conducted. The purpose of the interview is to gather accurate information regarding the applicant, as well as to evaluate his/her eligibility for Pretrial Intervention. A criminal background check is performed at this time, assuming it was not performed prior to the interview. Based on the application, interview, and results of the criminal lookup, probation makes a recommendation regarding eligibility, as well as what should be involved in supervision (e.g. drug treatment, psychological treatment. Assuming probation recommends admission, the next step is for the application to be reviewed by the prosecutor’s office. The prosecutor has discretion to accept or reject the application notwithstanding the positive recommendation of probation. If the application is accepted, the paperwork is drafted and the case is scheduled before a Superior Court Judge. At that hearing, the paperwork is signed and the applicant is formally admitted into the PTI Program. This entire process can take 4-8 weeks.
Pretrial Intervention is not a right as many individuals discover when it is too late. The process has the potential for glitches and it is important that you receive proper legal guidance without the process in order to afford you that very best opportunity for admission into the program. We can help you achieve the right results. Give us a call at 973-710-1520 for a free consultation.