Pre-Trial Intervention Lawyers in Newton, NJ

PTI Program NJ

The Pretrial Intervention Program (“PTI”) is a diversionary program in New Jersey that is available for defendants with no prior criminal record and who have not previously used a diversionary program such as PTI, conditional discharge, or conditional dismissal. Essentially, PTI will result in dismissal of indictable criminal charges as long as the defendant complies with the terms and conditions. Thus, if you are charged with and indictable crime in Sussex or Warren County such as heroin possession, intent to distribute cocaine, burglary, marijuana distribution, or theft, you may be eligible for PTI and the eventual dismissal of the charges. At The Tormey Law Firm, our experienced criminal defense attorneys have handled countless criminal cases in Superior Court in Sussex County and Warren County, many of which we have resolved by helping clients become enrolled in PTI. For additional information and to speak with an attorney about your case, call 973-755-1695 for a free consultation.

Am I Eligible for Pre-Trial Intervention (PTI) in New Jersey?

Pursuant to N.J.S.A. 2C:43-12(e), there are seventeen factors that the probation office and prosecutor’s office will consider when making a determination of whether or not to approve a defendant for PTI. When deciding if you are eligible for PTI, the following factors are considered: 1) the nature of the offense; 2) the facts of the case; 3) the motivation and age of the defendant; 4) the desire of the complainant or victim to forego prosecution; 5) the 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; 6) the likelihood that the applicant’s crime is related to a condition or situation that would be conducive to change through his participation in supervisory treatment; 7) the needs and interests of the victim and society; 8) the extent to which the applicant’s crime constitutes part of a continuing pattern of anti-social behavior; 9) the applicant’s record of criminal and penal violations and the extent to which he may present a substantial danger to others; 10) whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior; 11) consideration of whether or not prosecution would exacerbate the social problem that led to the applicant’s criminal act; 12) the history of the use of physical violence toward others; 13) any involvement of the applicant with organized crime; 14) whether or not the crime is of such a nature that the value of supervisory treatment would be outweighed by the public need for prosecution; 15) whether or not the applicant’s involvement with other people in the crime charged or in other crime is such that the interest of the State would be best served by processing his case through traditional criminal justice system procedures; 16) whether or not applicant’s participation in pretrial intervention will adversely affect the prosecution of codefendants; and 17) whether or not the harm done to society by abandoning criminal prosecution would outweigh the benefits to society from channeling an offender into a supervisory treatment program.

NJ PTI Process

The application process for PTI requires an interview and the payment of a $75.00 application fee, payable by check, money order or cash. After the interview, the probation department will issue a report and make a preliminary determination as to the defendant’s eligibility. If the application is approved, then the prosecutor’s office will also need to review whether or not PTI is an appropriate resolution for the case. However, if you are rejected from PTI by probation, it is still up to the prosecutor’s office whether or not they accept you into the program. They can place you into PTI over probation’s objection. However, if you are rejected by the prosecutor’s office, you can file an appeal of that denial.

However, this is a difficult appeal to win because you have the show the State abused their discretion in rejecting you from PTI. Ultimately, the court will either approve or deny PTI and if the case is resolved by PTI, then the charges will be held in abeyance. And if you successfully complete the conditions of PTI, then the charges will be dismissed at the end of the probationary period and you will have no conviction on your criminal record. Additionally, you become eligible for an expungement to remove the initial arrest and charges from your record 6 months after successfully completing Pre-trial Intervention.

Belvidere Pre-Trial Intervention Attorneys

If you are facing criminal charges in Sussex or Warren County, it is important to learn about your legal options and whether or not the Pre-Trial Intervention (PTI) Program is a viable resolution for your case. The experienced criminal defense attorneys at The Tormey Law Firm have helped clients in Sparta, Hopatcong, Hackettstown, Phillipsburg, Andover, Vernon, Frankford, and throughout New Jersey to avoid trial and a criminal record by facilitating their admission into PTI probation. Contact us at 973-755-1695 for immediate assistance from a lawyer who can help.