When people are criminally charged in New Jersey, they might have more options than they realize. Your attorney might be able to help you take advantage of New Jersey’s Pretrial Intervention program, which might help you get your charges dismissed. The program allows certain defendants to get their charges dismissed if they participate in supervised treatment set by the court.
When a defendant enters the program, their criminal charges are set aside. If they successfully complete the program, their charges may be dismissed. If they violate the rules of their treatment, the court may adjust the terms of the program or remove the defendant from the program. If you are removed, you may be found guilty and sentenced on your original charges. Only those with no prior convictions who are currently facing certain types of charges may be eligible.
Talk to our NJ criminal defense attorneys about the Pretrial Intervention program by calling the Law Offices of John J. Zarych at (609) 616-4956.
What is the Pretrial Intervention Program in NJ?
New Jersey’s Pretrial Intervention (PTI) program, under N.J.S.A. § 2C:43-12(a), may help certain defendants avoid a conviction. The program allows defendants to undergo various forms of supervisory treatment for a certain amount of time, often a couple of years or so. Once the program is complete, the defendant can have their charges dismissed.
While this might seem like a dream come true, it is far from easy. The PTI program is not meant to be easy. The court may impose numerous restrictions and requirements on defendants. For example, you might have to go through counseling, take education courses, participate in community services, undergo drug testing, and many other requirements.
Not everyone is eligible for the PTI program. As explained in more detail below, the program tends to be reserved for first-time offenders charged with minor and usually non-violent offenses. Our NJ criminal defense lawyers can help determine if the Pretrial Intervention program is right for you.
How Does Supervisory Treatment in the NJ PTI Program Work?
According to N.J.S.A. § 2C:43-13(a), the terms of your supervisory treatment in the PTI program must be set out in writing and agreed upon by you and the prosecutor. Orders of supervisory treatment are filed with the county clerk. If the prosecutor does not want to allow a defendant to participate in the PTI program, the defendant cannot enter the program.
Depending on your situation, we might have to go back and forth with the prosecutor to convince them to allow you to enter the program.
Criminal Charges
What exactly happens to your criminal charges when you enter the PTI program? When you begin the program, your charges do not just go away. According to § 2C:43-13(b), criminal charges are held in an inactive status for the duration of the PTI program. The charges still exist and have not been wiped out at this point. However, the charges have also not been finalized. If you complete the program successfully, the charges may be dismissed. If you break the rules, you may be convicted and sentenced on those charges.
Duration of the Program
According to § 2C:43-13(c), the program may last up to 3 years. However, the duration of the program is determined by the judge and may be based on the defendant’s needs. While a defendant might be in the program for up to 3 years, a judge may impose a shorter duration if the defendant does not need to be in the program for that long.
Your time in the program may also be shortened if necessary. For example, if you thrive in the PTI program and respond well to treatment, we might convince the judge to cut the program short, as you have made improvements and no longer need supervisory treatment.
Completing PTI
When a defendant completes the Pretrial Intervention program while adhering to all the terms and conditions set by the court, their charges, which have so far been held in an inactive status, may be dismissed with prejudice under § 2C:43-13(d). When charges are dismissed with prejudice, they cannot be refiled.
This means that the charges are eliminated, you will not be found guilty, and no conviction will be on your record. For first-time offenders, this is a chance to keep their clean record.
Breaking the Rules
There are serious consequences for defendants who violate the terms of their PTI. According to § 2C:43-13(e), the court may decide whether a defendant who has violated the terms of their supervisory treatment can remain in the program or be kicked out.
In some cases, the court might adjust the terms of the program, making them more restrictive to prevent future violations. In other cases, the court might find the violation too severe to be forgiven, and the defendant may be removed from the PTI program.
When someone is removed from the PTI program, their criminal charges are reactivated. Prosecutors may move the case forward through normal criminal proceedings, and the defendant may be found guilty. Depending on the charges, this might involve time in jail or prison.
Who is Eligible for Pretrial Intervention in NJ?
Eligibility for the PTI program is described under N.J.S.A. § 2C:43-13.1(1)(a). To enter the PTI program, you must not have been previously convicted of any petty disorderly persons offense, disorderly persons offense, or indictable crime in New Jersey or any other state. A clean slate is required.
You must also not have previously participated in a conditional discharge program or similar supervisory treatment. The PTI program might be something of a second chance for many defendants, but it is not intended to be someone’s third or fourth chance.
Only those facing indictable crimes may be eligible. If you are facing disorderly persons offenses, petty disorderly persons offenses, minor violations of ordinances, or other similar non-criminal matters that would normally be tried in Municipal Court, you might be ineligible for PTI. However, if you are charged with a disorderly persons offense related to domestic violence, you may apply for PTI.
Ineligibility is spelled out in more detail under § 2C:43-13.1(b). You cannot participate in the program if you are charged with an offense related to organized crime or gang activity, a criminal enterprise, a breach of public trust (e.g., from a public officer or employee), domestic violence, offenses against the elderly, disabled, or minors, driving while under the influence of alcohol or controlled substances, animal cruelty, or certain drug offenses.
If PTI is unavailable to you because the offense you committed is not serious enough, other plea negotiations might be available to participate in community service or other programs in exchange for dropped charges.
Talk to Our NJ Criminal Defense Lawyers About the Pretrial Intervention Program
Talk to our NJ criminal defense attorneys about the Pretrial Intervention program by calling the Law Offices of John J. Zarych at (609) 616-4956.
