Pre-Trial Intervention:  Pre-Trial Intervention (“PTI”) is a diversionary program and specialized form of probation used in New Jersey Courts for people who have no prior adult-level felony criminal convictions in their history (you can have prior disorderly persons or petty disorderly persons offenses in your criminal history).  PTI can be anywhere between 12-36 months (1-3 years) long.  It can only be used once in a person’s lifetime.  The applicant also must not have used any other diversionary programs previously, whether in New Jersey or any other state (example: veteran’s diversionary program; mental health diversionary program; a prior PTI term; or a conditional discharge). ​

 

Applying to Pre-Trial Intervention:  The first step is for the defense attorney to determine that the client is legally eligible for PTI (i.e., meaning the individual does not have any prior felony-level criminal history and has not used a diversionary program in the past).  Next, the defense attorney will file a PTI application on the defendant's behalf.  Someone from the criminal division then calls the defendant to conduct a telephone interview.  The criminal division then processes your PTI application and determines whether the defendant is legally eligible for the program.

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Admission to PTI is Prosecutor's Choice:  It is the prosecutor's choice whether they will allow a defendant to enter PTI.

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Criminal Case Postponed Subject to Compliance with PTI Requirements:  Once a defendant enters into PTI, the criminal case against the defendant will be postponed while the defendant completes PTI.  Postponing the criminal proceedings is contingent upon the defendant's compliance with the requirements of the PTI agreement.  If the defendant does not comply with the program's requirements, then the prosecutor and/or probation can seek to have PTI terminated and to have the original criminal charge(s) returned back to the active calendar in court. 

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Standard Conditions of PTI:  There are certain rules every PTI participant must follow.  These are called the "Standard Conditions of PTI," and require the defendant to: 

1. Obey all federal, state, and municipal laws.

2. Notify his probation officer within 24 hours of any new arrest. 

3. Answer truthfully all questions by the probation officer. 

4. Permit probation to visit residence. 

5. Promptly report any changes of address to probation. 

6. Obtain permission to move outside of New Jersey while on probation. 

7. Seek and maintain employment or go to school (and promptly report any changes in these areas to probation).

8. Cooperate with any testing, treatment, and/or counseling deemed necessary by probation. 

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​Special Conditions of PTI:  In addition to the standard conditions of PTI, the defendant must follow any special conditions imposed upon him that are unique to his case.  These conditions are negotiated between the prosecutor and defense counsel prior to the entry of PTI.  Some common "Special Conditions" of PTI are:  undergo mental health treatment, undergo substance abuse treatment, complete anger management therapy, pay restitution, have no contact with the victim(s), etc. 

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Charges Dismissed Upon Completion of Program:  If the defendant complies with all of the conditions of PTI for the specified period, the charges against the defendant are automatically dismissed.  This is the biggest benefit of PTI probation (i.e., that it results in no criminal record for the defendant).

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2nd Degree and Domestic Violence Offenses:

• Conditional Guilty Plea:  If a defendant is charged with a 2nd degree offense OR any domestic violence offenses then he or she must enter into a "Conditional Guilty Plea" to enter into PTI.  This means the defendant temporarily pleads guilty to at least one of the offenses.  If the person successfully completes PTI, then the guilty plea is vacated and all of the charges are dismissed.  The only time the temporary guilty plea matters is if the defendant violates the conditions of his or her probation and probation seeks to terminate him or her from the program, then the defendant would be sentenced on his or her guilty plea.  In many scenarios, being sentenced on the guilty plea will result in the person being placed on regular probation without jail or prison time.  The downside though is that if the individual is sentenced on the guilty plea then the offense remains in his or her criminal history as a conviction.  However, if the person is sentenced on the temporary guilty plea for a 2nd degree offense, then there is a presumption that the individual will be sentenced to a term of imprisonment.

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• Statement of Compelling Reasons:  If an individual is charged with a 2nd degree offense OR any domestic violence offenses then there is a presumption that he or she is not a good candidate for PTI.  In cases where there is a presumption against entry into PTI, defense counsel can draft and submit a “Statement of Compelling Reasons,” which is a statement explaining compelling circumstances about the individual applying for PTI that justify consideration of his or her application to PTI despite the presumption against their admission into the program.  Rule 3:28-1.

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• Prosecutor Consent:  There are certain times where the person applying to PTI must obtain the prosecutor’s consent to enter into the PTI program.  This applies when the person is charged with a 2nd degree offense for which there is a presumption of imprisonment OR domestic violence offenses where violence or the threat of violence is alleged or the crimes were allegedly committed while a restraining order was in place.  Rule 3:28-1.

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Violations of Probation:  If a PTI participant fails to follow the conditions and rules of PTI, then probation will file a Violation of Probation with the court and possibly seek to terminate the person from PTI.  If this happens, the individual needs an attorney to come to court and make arguments on his or her behalf as to why the individual should still be able to stay on PTI, despite previous failure to follow the rules and conditions.  If a person is terminated from PTI, then their case is returned back to the active calendar in criminal court.  In the case of someone who conditionally plead guilty to get into PTI:  their matter will proceed towards sentencing and the individual will be sentenced on their guilty plea.

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Motions for Early Discharge from Probation:  Once an individual completes 6 months or more of probation, he or she may seek to file a Motion for Early Discharge from Probation with the Court.  The basis for the motion must be that the individual has completed all of the terms of his or her probation and/or is in substantial compliance with the terms of probation.  Many judges often like to grant these motions for early termination to reward good behavior, and also so probation officers can focus their resources on people who need more intensive supervision. 

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*The rules governing PTI are set forth in Court Rule 3:28-1 through -10 and N.J.S.A. 2C:43-12 through -13.1.

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Contact a New Jersey Pre-Trial Intervention

Lawyer for a Free Consultation

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Criminal cases are very complex and highly specialized.  If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney. 

 

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com