Can I get into the New Jersey Pre-Trial Intervention (PTI) Program?
Who is Eligible for Pre-Trial Intervention (PTI) in NJ?
The Pre-Trial Intervention is typically available to first-time offenders charged with indictable crimes. This means that the defendant is facing prosecution at the Superior Court level. Although the Superior Court handles first degree, second degree, third degree, and fourth degree crimes, PTI is generally an option for those charged with third and fourth degree crimes, as these entail a presumption of non-incarceration for first-time offenders. Common examples of third and fourth degree crimes include certain drug possession and distribution charges such as possession of cocaine and possession of heroin; terroristic threats; certain theft crimes; and resisting arrest. On the other hand, first and second degree crimes including robbery and unlawful possession of a weapon, are offenses that are much more difficult to receive Pre-Trial Intervention. It is also important to note that you are only able to utilize a diversionary program one time in your life, so if you can already completed PTI, conditional discharge, or conditional dismissal, you are not eligible to use PTI.
How do they Decide if I get into the NJ Pre-Trial Intervention Program?
If you meet eligibility requirements for Pre-Trial Intervention, you must file an application with the Criminal Division Office in the county in which your case is being adjudicated. Your application must be submitted within 28 days of your indictment. There is a $75 non-refundable application fee. Once your application has been filed, you will be interviewed by a member of the Criminal Division or a Probation Officer and the State will create a report that must ultimately be reviewed and approved by the Criminal Division, the Prosecutor, and the presiding Judge.
Ultimately, probation makes a recommendation to the State about whether or not the defendant should be admitted into PTI. It’s up to the prosecutor if they allow the defendant in or not. If they reject the defendant, he or she can appeal to the Judge but they must show that the prosecutor abused their discretion when denying them from the PTI program, which is difficult to do.
PTI is typically reserved for third and fourth degree felony charges. In some cases, the State will allow an application and admit someone into PTI for a second degree crime such as aggravated assault, possession of a handgun, eluding police, or theft.
Using PTI Instead of a Criminal Conviction in New Jersey
For additional information about the New Jersey Pre-Trial Intervention Program, access the following resources:
FAQs About Getting into the New Jersey Pre-Trial Intervention (PTI) Program
Can I get into the New Jersey Pre-Trial Intervention (PTI) Program?
Whether you can be admitted to the PTI program depends on several factors. First, you must be a first-time offender with no prior criminal convictions. Second, you must be charged with an indictable crime being prosecuted in Superior Court, typically a third or fourth degree offense. Third, you cannot have previously used any diversionary program such as PTI, conditional discharge, or conditional dismissal. If you meet these basic eligibility requirements, you can apply for PTI, but acceptance is not guaranteed. The final decision rests with the prosecutor, who will consider the nature of your charges, the circumstances of your case, and whether you would benefit from rehabilitation rather than traditional prosecution.
What crimes can I get PTI for in New Jersey?
PTI is generally available for third and fourth degree crimes, which carry a presumption of non-incarceration for first-time offenders. Common qualifying offenses include certain drug possession and distribution charges (such as possession of cocaine or heroin), terroristic threats, certain theft crimes, and resisting arrest. In some cases, the State may allow admission into PTI for second degree crimes such as aggravated assault, possession of a handgun, eluding police, or theft, though these are more difficult to obtain.
How do I apply to get into PTI?
You must file an application with the Criminal Division Office in the county where your case is being handled. There is a $75 non-refundable application fee. After submitting your application, you’ll be interviewed by a member of the Criminal Division or a Probation Officer. The State will create a report based on this interview and review your application. This report must be reviewed and approved by the Criminal Division, the Prosecutor, and the presiding Judge. Working with an experienced criminal defense attorney is crucial to ensure your application is submitted properly and presents the strongest possible case for your admission.
Who decides if I get accepted into the PTI program?
The ultimate decision about whether you get into PTI rests with the prosecutor. After you apply and are interviewed, probation will make a recommendation to the State about whether you should be admitted into the program. However, it’s the prosecutor who has the final say on allowing you into PTI or rejecting your application. If the prosecutor denies your application, you can appeal to the Judge, but this requires proving that the prosecutor abused their discretion in denying you, which is difficult to do. This is why having skilled legal representation to advocate on your behalf during the application process is essential.
What happens if I’m not accepted into PTI?
If your PTI application is rejected by the prosecutor, you have the right to appeal the decision to the presiding Judge. However, to succeed on appeal, you must demonstrate that the prosecutor abused their discretion when denying you admission to the program, which is a difficult legal standard to meet. If your appeal is unsuccessful or you choose not to appeal, your case will proceed through the traditional criminal justice process. You will face the original charges and may need to negotiate a plea agreement or proceed to trial. This is why it’s critical to present the strongest possible application from the start and work with an attorney who understands the PTI process.
Can I get into PTI if I’ve used a diversionary program before?
No, you cannot get into PTI if you have previously used any diversionary program. You can only utilize a diversionary program once in your lifetime, so if you have already completed PTI, conditional discharge, or conditional dismissal in the past, you are not eligible to use PTI again. This one-time-only rule applies across all diversionary programs in New Jersey, not just PTI. If you’ve never used a diversionary program before and meet the other eligibility requirements, PTI may still be an option for you. This makes the decision to use PTI particularly important, as it represents your only opportunity to benefit from a diversionary program.
Discuss Your PTI Options with an Experienced NJ Criminal Defense Attorney
If you have additional questions pertaining to the Pre-Trial Intervention Program or are wondering if you may be eligible, contact the Tormey Law Firm today at (201)-556-1570 for a cost-free consultation with one of our New Jersey criminal defense attorneys.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey
