A Guide to the Pre-Trial Intervention Program From a Criminal Lawyer in NJ

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?

If an offender does not fulfill the conditions of the program, then PTI is terminated and the case sent back to court.  As the challenges of getting into PTI and completing the program are great, it is best to identify a NJ criminal law firm that can help you understand the nuances of the program.

Second Circuit Reaffirms Limits on the Right to Bear Arms

In a unanimous decision, the Second Circuit held that it is not unconstitutional for New York to require applicant seeking a gun permit to show proper cause or a heightened need for special protection in comparison to the general public. 

In Kachalsky, et al. v. Cacace, et al., five residents from Westchester County were denied gun permits because they failed to meet this “heightened need” standard.
   
The Second Amendment right to bear arms is not an unlimited right. The Supreme Court reaffirmed this notion in District of Columbia v. Heller where it confined one’s possession right to the home. Gun possession outside of the home, however, is a completely different matter. 

The Second Circuit’s unanimous decision in this case emphasized the public safety concerns New York’s heightened-need standard is meant to protect. Residents are not prevented from obtaining a handgun – one may still obtain a permit for hunting purposes. The only caveat is that those who wish to carry a handgun in public must demonstrate their need for self-protection.

While states may not outright ban possession of a concealed weapon, it is not unconstitutional to regulate use when it is clear that public safety considerations clearly outweigh one’s subjective need for self-defense. 

Residents in California, New Jersey, and Maryland are also challenging licensing laws, respectively. It should be interesting to see how the Courts rule, and if the Supreme Court grants certiorari on any of these cases.  It does seem that there is broad support for such laws, as criminal justice advocates and law enforcement officials both advocate for more restrictive gun laws.  However, many criminal lawyers in NYC are not supportive of laws that will criminalize what they feel are reasonable attempts to possess a weapon.  Some criminal lawyers in Queens and other high-crime boroughs are further discouraged that such restrictive laws only push individuals who desire to own a weapon to turn to the black market for their purchase.