What is PTI or Pretrial Intervention Program in New Jersey?
Q: What is Pretrial Intervention or PTI in New Jersey?
A: PTI is a diversionary program in New Jersey specifically designed to avoid a trial and having the stigma accompanying a guilty verdict. It is available to those who have never been convicted of a crime or pleaded guilty to a crime through a plea deal. Essentially, it is your one time only "get out of jail free" card.
Q: What criteria is considered for me to enter the program?
A: Nature of the offense, facts of the case, motivation and age of the defendant, desire of the complainant or victim to forego prosecution, existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment, likelihood that the applicant's crime is related to a condition or situation that would be conducive to change through participation in supervisory treatment, the needs and interests of the victim and society, the extent to which the applicant's crime constitutes part of a continuing pattern of anti-social behavior, applicant's record, history of violence towards others, involvement with organized crime, and public's need for protection.
Q: What are the typical conditions of PTI?
A: Typically, you will have a community service component to your program. The average is 50 hours. You may have to pay restitution. Depending on the facts of your case, you may be ordered to have an alcohol or drug evaluation and treatment. You may be ordered to participate in anger management counseling or child rearing classes. You will need to stay out of trouble for the period of probation that could be up to three (3) years. You may have to maintain employment or stay in school. If your charges involved weapons and violence, you may have to give up gun permits.
Q: Is there an application fee to apply?
A: Yes. You have to pay $75.00 to apply to the program. The fee can be paid by cash or check. No credit card is accepted. If you are not accepted into the program, you do not get your money back.
Q: What happens if I complete the PTI program?
A: If you successfully complete the program, the charges filed against you will be dropped and dismissed. Therefore, no felony convictions will appear on your record.
Q: If the charges are dropped, can I have them removed from my record?
A: Once you successfully complete the program, you will be notified by the court that your PTI period is completed. At six (6) months from that date, you can apply for an expungement to have the arrest and PTI completion removed from your record.
Q: What if I am offered PTI, but I decide to try the case before a jury instead. If I lose, can I still take PTI?
A: No. A recent Supreme Court case, State v. Bell addressed this exact issue. The purpose of the PTI program is to avoid the need for a trial. You can not have the trial and then later decide that you do not like the jury's decision and want to accept the diversionary program that was offered to you.
Q: Who is accepted into the PTI program?
A: Admission into the program is a privilege. You are not automatically admitted. The degree of your crime matters as well. The decision to accept you into the program factors in your age, motivation to change, prior record, nature of the offense, degree of offense, etc.
Q: Are there certain facts that would disqualify me?
A: If the following facts exist in your case, the prosecutor will typically not agree to PTI
Q: Do I need to enter a guilty plea for PTI?
A: Typically no guilty plea is required. However, a guilty plea is required if:
Q: What happens if I am not approved for the PTI program?
A: If you are not approved, there may be a way to appeal the decision depending on the reasons for the rejection. Otherwise, your case will continue through the criminal court system where a plea deal will be discussed, along with trial.
Q: Can I get into the program without an attorney helping me?
A: Honestly, it has happened before. Sometimes, you may be on the borderline of being accepted or not and you need an attorney to make that push into the accepted column. Sometimes, the conditions of your PTI acceptance are not good for you and you need someone to make the conditions more appealing. Sometimes you don't qualify due to your crime, but an attorney will fight to get you in. Sometimes case management will approve you for the program, but the prosecutor will refuse. An attorney takes away the uncertainty of this program and is in your corner with the right arsenal to fight for you.
A: PTI is a diversionary program in New Jersey specifically designed to avoid a trial and having the stigma accompanying a guilty verdict. It is available to those who have never been convicted of a crime or pleaded guilty to a crime through a plea deal. Essentially, it is your one time only "get out of jail free" card.
Q: What criteria is considered for me to enter the program?
A: Nature of the offense, facts of the case, motivation and age of the defendant, desire of the complainant or victim to forego prosecution, existence of personal problems and character traits which may be related to the applicant's crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment, likelihood that the applicant's crime is related to a condition or situation that would be conducive to change through participation in supervisory treatment, the needs and interests of the victim and society, the extent to which the applicant's crime constitutes part of a continuing pattern of anti-social behavior, applicant's record, history of violence towards others, involvement with organized crime, and public's need for protection.
Q: What are the typical conditions of PTI?
A: Typically, you will have a community service component to your program. The average is 50 hours. You may have to pay restitution. Depending on the facts of your case, you may be ordered to have an alcohol or drug evaluation and treatment. You may be ordered to participate in anger management counseling or child rearing classes. You will need to stay out of trouble for the period of probation that could be up to three (3) years. You may have to maintain employment or stay in school. If your charges involved weapons and violence, you may have to give up gun permits.
Q: Is there an application fee to apply?
A: Yes. You have to pay $75.00 to apply to the program. The fee can be paid by cash or check. No credit card is accepted. If you are not accepted into the program, you do not get your money back.
Q: What happens if I complete the PTI program?
A: If you successfully complete the program, the charges filed against you will be dropped and dismissed. Therefore, no felony convictions will appear on your record.
Q: If the charges are dropped, can I have them removed from my record?
A: Once you successfully complete the program, you will be notified by the court that your PTI period is completed. At six (6) months from that date, you can apply for an expungement to have the arrest and PTI completion removed from your record.
Q: What if I am offered PTI, but I decide to try the case before a jury instead. If I lose, can I still take PTI?
A: No. A recent Supreme Court case, State v. Bell addressed this exact issue. The purpose of the PTI program is to avoid the need for a trial. You can not have the trial and then later decide that you do not like the jury's decision and want to accept the diversionary program that was offered to you.
Q: Who is accepted into the PTI program?
A: Admission into the program is a privilege. You are not automatically admitted. The degree of your crime matters as well. The decision to accept you into the program factors in your age, motivation to change, prior record, nature of the offense, degree of offense, etc.
Q: Are there certain facts that would disqualify me?
A: If the following facts exist in your case, the prosecutor will typically not agree to PTI
- defendant was a public officer or employee whose offense involved or touched upon the public office or employment
- defendant is charged with an offense involving domestic violence if the defendant committed the offense while subject to a temporary or permanent restraining order issued pursuant to the Prevention of Domestic Violence Act of 1991, or if the offense charged involved violence of the threat of violence.
Q: Do I need to enter a guilty plea for PTI?
A: Typically no guilty plea is required. However, a guilty plea is required if:
- you are charged with a first or second degree crime
- were previously convicted of a first or second degree crime and now charged with a new crime
- charged with a third or fourth degree crime involving domestic violence under NJSA 2C:25-19
- charged with a disorderly persons or petty disorderly persons offense involving domestic violence if offence committed while subject to a restraining order under the Prevention of Domestic Violence Act of 1991.
Q: What happens if I am not approved for the PTI program?
A: If you are not approved, there may be a way to appeal the decision depending on the reasons for the rejection. Otherwise, your case will continue through the criminal court system where a plea deal will be discussed, along with trial.
Q: Can I get into the program without an attorney helping me?
A: Honestly, it has happened before. Sometimes, you may be on the borderline of being accepted or not and you need an attorney to make that push into the accepted column. Sometimes, the conditions of your PTI acceptance are not good for you and you need someone to make the conditions more appealing. Sometimes you don't qualify due to your crime, but an attorney will fight to get you in. Sometimes case management will approve you for the program, but the prosecutor will refuse. An attorney takes away the uncertainty of this program and is in your corner with the right arsenal to fight for you.
Contact The Rubinstein Law Firm at 609-392-7600
for a FREE Consultation
to discuss what we can do to protect you
We are criminal defense lawyers in Mercer County New Jersey. We look out for our client's best interest and fight to get you the best result. There are times where maybe you just made a really poor decision and screwed up royally. It does not mean that you are a bad person. It does not mean that you deserve to go to jail. You need to believe in yourself and have an attorney that believes in your innocence as well.
Call us at 609-392-7600 to discuss your case and what we can do for you.
We are located in Hamilton Township, New Jersey. We are one block from the Hamilton Township Police Department. We are easy to find and offer free parking. Come see what we can do to help you.
The Rubinstein Law Firm, LLC
Call us at 609-392-7600 to discuss your case and what we can do for you.
We are located in Hamilton Township, New Jersey. We are one block from the Hamilton Township Police Department. We are easy to find and offer free parking. Come see what we can do to help you.
The Rubinstein Law Firm, LLC
