Client Removed from PTI Program Early in Morristown NJ Thanks to the Tormey Law Firm
PTI Program Completed Early and Charges Dismissed in Morris County, New Jersey
The Morris County defense lawyers at the Tormey Law Firm recently succeeded with a Motion for Early Termination of Pretrial Intervention in the Superior Court of New Jersey, Morris County – Criminal Division. Our client had entered pretrial intervention (“PTI”) approximately two years ago as the result of allegations of lewdness. At the outset of PTI, our client was required to submit to a psychosexual evaluation, comply with treatment recommendations, and be monitored by probation for a term of three years, which was scheduled to end in 2018. Then, upon successful completion of the terms of PTI, the underlying charges would be dismissed. However, while a case is postponed due to a diversionary program, a criminal background check still shows that there is a “pending” case, which can often lead to problems with job applications and lease applications. So, our client wanted PTI to be over and have a clean slate.
After being hired, the defense team at the Tormey Law Firm filed all of the necessary paper work with the Superior Court and then worked with the Prosecutor’s Office to officially end PTI almost one entire year earlier than planned. Now, our client’s charges have been dismissed and there is no longer a “pending” case against him.
N.J.S.A. 2C:43-12(a) states that it is the policy of the State of New Jersey that supervisory treatment should ordinarily be limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States, or any other state when supervisory treatment would: (1) provide applicants, on an equal basis, with opportunities to avoid ordinary prosecution by receiving early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by an applicant, and when there is apparent causal connection between the offense charged and the rehabilitative or supervisory need, without which cause both the alleged offense and the need to prosecute might not have occurred; or (2) provide an alternative to prosecution for applicants who might be harmed by the imposition of criminal sanctions as presently administered, when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct; or (3) provide a mechanism for permitting the least burdensome form of prosecution possible for defendants charged with “victimless” offenses, other than defendants who were public officers or employees charged with offenses that involved or touched their office or employment; or (4) provide assistance to criminal calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems; or (5) provide deterrence of future criminal or disorderly behavior by an applicant in a program of supervisory treatment.
The bottom line is that PTI is a diversionary program that will result in dismissal of the original criminal charges as long as the defendant complies with all of the terms and conditions. But, for the duration of supervisory treatment, the criminal charges show up as “pending” when any third party conducts a criminal background check. Thus, in many cases, defendants who enter PTI find that despite the lack of a conviction of any crime, the PTI and “pending” charges are still hindering their ability to find gainful employment or suitable housing.
Now that the case has been dismissed, our client can file an expungement of the arrest to have everything completely removed from his record. It is a six (6) month waiting period before he is eligible to file for that expungement. If you were charged with a crime in New Jersey and entered PTI but want to end the diversionary program earlier than expected, contact the defense team at the Tormey Law Firm today at 908-336-5008.