What is the Pre-Trial Intervention Program and How Does It Work?
The Pre-Trial Intervention Program (PTI) provides individuals facing criminal charges with an opportunity for alternatives to traditional criminal prosecution and penalties. PTI often is an available resource for first-time offenders. The goal of PTI is to offer rehabilitative services for personal problems that can lead to criminal behavior. Ideally, PTI services can help eligible individuals and reasonably deter them from future criminal conduct.
Eligibility for PTI
You are ineligible for PTI if any of the following is true:
- You previously were enrolled in PTI
- You previously were enrolled in the conditional discharge or dismissal program
- You previously had charges dismissed through the Veterans Diversion Program
- You previously participated in any diversionary program in any other state or federal court for a felony or other indictable offense
- You are facing charges for a disorderly persons or petty disorderly persons offense, a municipal ordinance offense, or another non-criminal offense (except if you are charged with a disorderly persons offense that involves domestic violence)
You may be eligible for PTI with the prosecutor’s approval if:
- You are charged with a crime that either has a jail sentence or mandatory minimum sentence of a parole ineligibility
- You have a prior conviction for an indictable offense in New Jersey or the same type of crime in another jurisdiction, such as a felony in another state’s court or federal court.
In this situation, you must submit a statement along with your PTI application that explains why you should be considered for admission to the PTI program. The court will not consider your application unless the prosecutor agrees to consider it.
Two other circumstances make your admission to the PTI program unlikely. Although you still can submit a statement asking the court to consider your application, you may be ineligible for the program in either of these circumstances:
- You are a public employee or officer charged with a crime that involves your employment or office.
- You are charged with a crime involving domestic violence committed while you had a restraining order against you or involving violence or the threat of violence.
Applying for PTI
PTI applications are available online here and in the criminal division office at every county courthouse. You should submit your application as early as possible after you are charged with a crime, but in any event, before the first case disposition conference after your arraignment. You must submit your application along with a non-refundable $75.00 application fee to the criminal division office in the county in which your criminal charges are pending. If you cannot afford to pay the fee, you can apply to have the fee waived.
Court staff may investigate your case by interviewing you, your family, schools, and social service agencies with whom you have worked in the past. They also may interview any victims of the crimes you have been accused of and set up a plan of counseling or supervision with you before accepting you into the program. The court will notify you whether it is accepting or rejecting your PTI application.
How PTI Works
Acceptance into the PTI program can delay any further criminal proceedings against you for up to 36 months. The court will assign a probation officer to you, who will supervise you and ensure that you meet all conditions that the court sets for you, such as:
- Taking random drug screens
- Completing community service hours
- Undergoing mental health, alcohol, or drug evaluations
- Engaging in mental health, alcohol, or drug treatment as recommended
You still must pay specific penalties, including:
- $50 Victims of Crime Compensation Office (VCCO) penalty
- $75 Safe Neighborhoods Services Funds Assessment (SNSFA)
You also may have to pay additional penalties, fees, and restitution.
If you fail to comply with the conditions of your PTI program, the court can remove you from the program. Removal from the program will result in your criminal case moving forward.
If you complete your PTI program, the criminal charges against you will be dismissed. You also will be eligible to expunge your arrest and the criminal complaint initially filed against you. As a result, there will be no record of a criminal conviction against you if you complete PTI.
Call Us for Legal Representation in Your Criminal Case
When you or a loved one is facing criminal charges, you likely have many questions and concerns. You can rely on the criminal defense attorneys at Rosenberg, Perry & Associates, LLC, to give you the answers you need. We will evaluate your situation and present the full range of options available in your case. Together, we can decide upon the best course of action in your case. You can reach us by phone at (609) 216-7400 or visit us online today.