What is PTI?
Were you charged with a crime? If so, then pretrial intervention may be the right for you. Pretrial Intervention (“PTI”) found under New Jersey State statutes, N.J.S.2C:43-12 through N.J.S.2C:43-22, creates a statewide program of pretrial intervention. It is the policy of the State of New Jersey that supervisory treatment should be limited to persons who have not previously been convicted of any criminal offense under the laws of any state including the
state of New Jersey. In short, PTI is a way for anyone who does not have any prior criminal history and is facing a possible charge to avoid trial and going to prison.
Pretrial Intervention grants applicants the opportunity to avoid ordinary prosecution by receiving early rehabilitative services or supervision on equal basis and provides those who might be harmed by the imposition of criminal sanctions with an alternate option to prosecution. It provides a tool for granting the form of least burdensome prosecution available to the defendant charged with “victimless” offenses, other than defendants who held public office positions or employees charged with offenses associated with their office or employment. In sum, PTI serves as a way to preserve the criminal justice resources and an approach to prevent any future criminal or disorderly behavior from the applicant.
Qualifications – How to determine if PTI is right for you?
The admission of an individual into a supervisory treatment program is decided according to that person’s compliance to correction, responsiveness to rehabilitation, and the nature of their offense.
The decisions and reasons made by the appointed judges, prosecutors, and program directors in granting or denying admission into a program of supervisory treatment will be condensed into writing and disclosed to the applicant.
Presumptions against admission into a program of supervisory treatment will be advised to defendants who:
– Were a public officer or an employee whose offense was associated with or touched upon
his public office or employment.
– Were charged with any crime or offense involving domestic violence Investigation.
What the court is looking for when deciding on entry into PTI:
– The nature of the offense.
– The facts of the case.
– The motive and age of the defendant.
– The desire of the victim to forgo prosecution.
– The presence of any personal dilemmas or character traits that may be associated with the
victim’s crime and for which services are unavailable to the criminal justice system.
– The needs and interests of the victim and society.
– The extent to which the applicant’s crime constitutes part of a continuing pattern of
– The applicant’s record of criminal and penal violations and the extent in which he may
present a substantial danger to others.
– The history of the use of physical violence towards others.
– Any involvement of the applicant with organized crime.
– 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.
– Whether or not the applicant’s participation in pretrial intervention will adversely affect the
prosecution of codefendants.
– 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.
Appealing a PTI Decision – How to make an appeal?
A defendant who wants to challenge a decision made to deny admission into a program of supervisory treatment by the appointed judge or prosecutor, has a right to make an appeal. In order to make an appeal a motion must first be filed in the court. This motion must be filed within ten days after you acquire your denial of entry into a program of supervisory treatment.
Your motion can be filed with the judge who was assigned to your case or the presiding judge within the criminal division.
If you, or someone you know, have any further inquiries regarding PTI and/or a criminal matter, please do not hesitate to contact A.Brown, Esq. LLC for a free consultation.
Written by Shaylah Gruley.
Edited by Adam C. Brown, Esq.