Pretrial Intervention
Pretrial Intervention (PTI) is a diversionary program for criminal defendants in New Jersey. If a criminal defendant successful completes PTI, the Court will administratively dismiss the defendant’s charges, Complaint, and/or Indictment leaving the defendant with no criminal record. The public policy underpinning PTI is the early rehabilitation of first-time criminal defendants through diversion from the ordinary criminal justice system in order to deter future criminal behavior.
Who is Eligible for PTI?
Generally, any criminal defendant who is eighteen (18) years or older and is a resident of the State of New Jersey is eligible for admission to PTI. R. 3:28-1(a)-(b).
However, criminal defendants who have previously taken advantage of a diversionary program and individuals charged with non-criminal offenses (i.e. disorderly persons, petty disorderly persons, and local ordinance violations) are ineligible for PTI. R. 3:28-1(c).
Criminal defendants eligible for PTI will need the consent of the County Prosecutor if: 1) the criminal defendant is charged with a crime for which there is a presumption of incarceration and 2) the criminal defendant has previously been convicted of an indictable (crime/felony) in the State of New Jersey or another state. R. 3:28-1(d).
Otherwise eligible criminal defendants will be subject to a rebuttable presumption against admission to PTI if 1) the criminal defendant was a public officer or employee and is charged with a crime that touches their public position or 2) the charged offenses involve domestic violence. However, a criminal defendant can rebut the presumption against admission into PTI by proving extraordinary and compelling circumstances justify their admission into the program. R. 3:28-1(e).
PTI Timing & PTI Application Process
A criminal defendant should apply to PTI as soon as possible but generally before the returning of an Indictment. A criminal defendant must apply to PTI before the Initial Case Disposition Conference, which follows the return of the Indictment. R. 3:28-2.
All PTI applications must be submitted to the Criminal Division Manager. If the criminal defendant must obtain the prosecutor’s consent, the criminal defendant must submit a statement of extraordinary and compelling reasons along with their application.
If the PTI application does not need the prosecutor’s consent, the Criminal Division Manager must render a recommendation to the prosecutor within twenty-five (25) days of the application’s filing whereafter the prosecutor shall return a decision within fourteen (14) days of receiving the Criminal Division Manager’s recommendation.
If the PTI application needs the prosecutor’s consent, the prosecutor must render a decision on whether to consent within fourteen (14) days of forwarding the application by the Criminal Division Manager. If the prosecutor consents, the application will be forwarded to the criminal division manager for their consideration of the application. R. 3:28-3.
Factors Governing Acceptance into PTI
R. 3:28-4 functions in conjunction with N.J.S.A. 2C: 43-12(e) in establishing the factors the Criminal Division Manager and the prosecutor must weigh when assessing a criminal defendant’s application:
(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 the 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. N.J.S.A. 2C:43-12(e).
Admission into PTI & the PTI Program
Generally, admission into PTI will not require a criminal defendant to enter a guilty plea. Instead, the Court will stay all criminal proceedings pending the criminal defendant’s successful completion of PTI. PTI lasts no longer than thirty-six (36) months. Upon successful completion of the PTI program, the Court may administratively dismiss the criminal defendant’s charges, Complaint, and/or Indictment, which will result in no criminal record for the defendant.
Why you Need an Experienced Criminal Defense Attorney for PTI?
PTI is an opportunity for first-time criminal defendants to avoid the criminal justice system. An experienced criminal defense attorney can help you gain admission to PTI. To consult an experienced criminal defense attorney at Karpus Law, please call (973) 645-9453.