PTI Violations in New Jersey
What happens if I violate conditions of the Pretrial Intervention Program in NJ?
What are the Conditions of PTI in New Jersey?
Once you become enrolled in the Pretrial Intervention Program, the court will appoint you a probation officer and set conditions that you must abide by during the probationary period. Typically, the PTI program, which cannot last more than 36 months, will consist of the following:
- Maintaining a clean criminal record;
- Continuing or searching for employment;
- Complying with alcohol-consumption provisions;
- Complying with drug-use and drug-possession policies;
- Passing all drug tests;
- Paying all fines;
- Registering with all required registries;
- Avoiding all communications with the victim (if any); and
- Maintaining required communication with probation officers.
How can I violate my PTI?
There are several ways a defendant can violate their PTI in New Jersey. The most common way to terminate the PTI agreement is to breach one of the conditions imposed by the judge. Some of the most common violations of PTI involve:
- Being arrested for the same crime or a new criminal charge;
- Remaining unemployed or failing to seek new employment;
- Failing drug or alcohol tests;
- Contacting the victim (if any);
- Avoiding contact with the probation officer;
- Failing to pay all required fines; or
- Failing to attend required counseling sessions.
- Failing to pay restitution (if any)
I violated my PTI, what do I do?
If you violated one of the conditions of PTI, you should seek legal assistance immediately. Our experienced criminal defense lawyers will assess the situation and guide you toward the appropriate resolution. The superior court judge will conduct a hearing to evaluate the PTI violation and determine if the Pretrial Intervention Program should continue. The judge has several options to exercise if they determine you violated PTI. Some of the options include the following:
- Continuing PTI with the same parameters;
- Extending the period of probation;
- Mandatory counseling;
- Designated session of drug or alcohol treatment; or
- Reinstating the original criminal charges.
Once an individual violates the conditions set by the judge of the PTI, the judge may choose to terminate the agreement and reinstate the original charges. If the original charges are reinstated, you will be prosecuted and face the same penalties you would have faced before your admission into PTI. You will also no longer be eligible for another diversionary program in New Jersey.
PTI with a Plea – NJ Gun Charges
If you received PTI on a gun charge in NJ, many times the State requires that you plead guilty to the charge in order to be accepted into the PTI program. If you successfully complete PTI, then the charges are dismissed and the guilty plea goes away. However, if you violate PTI, then the charges return and you have already plead guilty to the charge. The only thing that remains is for the Judge to sentence you. An experienced criminal defense attorney can appear at sentencing, submit a sentencing memo/brief, and argue for a lesser sentence if possible.
If you have a violation of PTI in New Jersey, the experienced criminal defense lawyers at the Tormey Law Firm will guide you through the next steps and work toward the best possible resolution. We maintain offices throughout the State, including in Hackensack, Morristown, Newark, New Brunswick, and Middletown, in order to serve clients statewide. Call (201)-556-1570 for a free consultation about your specific case.