In New Jersey, the pre-trial intervention (PTI) is available to first time offenders who have been charged with certain felony crimes. It provides defendants with an alternative program that can avoid the stigma that a conviction creates. In essence, with PTI a defendant enters into a probationary program and after completion of that program the defendant’s charges are dismissed. Not every defendant is eligible, so it is important to advise a criminal lawyer in NJ.
Who is eligible for the program?
First, PTI is only available to residents of NJ, so if you
are NY resident with a charge in NJ, you may not be eligible. Also,a defendant who has a previous
conviction, particularly a felony conviction, is most likely not eligible for
PTI. Finally, an offender who has
previously entered into PTI or a PTI-like program is ineligible to enter a
second time.
A person’s eligibility also depends on the seriousness of
the charges. Generally, a defendant with
a third-degree charge will be eligible to apply for the program. However, with a second-degree charge, a defendant’s
entrance into the program will be difficult unless the prosecutor consents to
his or her entrance into the program.
What if one applies for the program and is rejected?
If a defendant applies for PTI and is rejected, an appeal
can be filed with the presiding criminal judge if a defendant feels he was
unfairly rejected from the program. Such
appeals can be very challenging.
What are the main features of the PTI program?
PTI can run anywhere from one to three years. Some of the main features of the program are
random urine testing, penalties, fines and fees. Optional features include
community service, restitution, psychological evaluation and drug evaluations
with a corresponding treatment program.
What happens when one completes the PTI?
When an offenderfulfills the conditions of the program, the charges
are dismissed.
What happens if someone does not complete PTI?
