Bergen County NJ Pre-Trial Intervention (PTI) Attorneys
Hackensack NJ Criminal Defense Lawyers and the PTI Program
The Pre-Trial Intervention program (known as “PTI”) is a diversionary program in New Jersey which is designed for first-time offenders. If you have no prior criminal record and you have not previously used a diversionary program (such as PTI or a conditional discharge), you can apply for the PTI program. PTI is only available at the Superior Court level for indictable (felony) offenses. The process is as follows: You apply for PTI and pay a $75.00 application fee. You are interviewed by the probation department, which will determine whether you are a good candidate for PTI. If probation recommends you, then the prosecutor’s office also has to sign off on your admission. If you prosecutor’s office agrees to your admission, you will be admitted into the PTI program. PTI is a period of probation during which your charges will be suspended. If you successfully complete probation and the conditions of PTI (which can be community service, drug testing, etc.), then the charges are dismissed at the end of your probationary period. You will have no criminal record. If you are rejected from PTI by probation or by the prosecutor’s office, you can file an appeal of that denial.
Facing a criminal charge in New Jersey can threaten your reputation, your livelihood, and many other components of your life. Fortunately, you do not need to travel these uncertain waters alone. An experienced criminal defense attorney can serve as your supporter, your defender, and your advocate as you confront what often seems an insurmountable challenge at the outset. The attorneys at The Tormey Law Firm are passionate about what they do and dedicated to turning over every rock and pursuing every possible avenue to achieve the best possible outcomes for their clients. Whether your case involves charges for robbery, sexual assault, criminal restraint, or another offense, we will stop at nothing to obtain a successful resolution.
If you or a loved one is facing criminal charges in New Jersey, our lawyers will employ their extensive knowledge of the law, solid connections, deft negotiation skills, and zealous advocacy to help you overcome the allegations against you. Contact our Hackensack offices anytime at (201)-330-4979 to receive a free consultation. Also, view our PTI informational video below to learn more about the Pre-Trial Intervention Program in New Jersey.
The Pre-Trial Intervention (PTI) Program in New Jersey: An Overview
The Pre-Trial Intervention (PTI) Program in New Jersey
The factors that probation and the prosecutor’s office consider when making a PTI determination are set forth in N.J.S.A 2C:43-12(e), which provides:
1) The nature of the offense;
2) The facts of the case;
3) The motivation and age of the defendant;
4) The desire of the complainant or victim to forego prosecution;
5) The existence of personal problems and character traits which may be related to the applicant’s crime and for which services are unavailable within the criminal justice system, or which may be provided more effectively through supervisory treatment and the probability that the causes of criminal behavior can be controlled by proper treatment;
6) The likelihood that the applicant’s crime is related to a condition or situation that would be conducive to change through his participation in supervisory treatment;
7) The needs and interests of the victim and society;
8) The extent to which the applicant’s crime constitutes part of a continuing pattern of anti-social behavior;
9) The applicant’s record of criminal and penal violations and the extent to which he may present a substantial danger to others;
10) Whether or not the crime is of an assaultive or violent nature, whether in the criminal act itself or in the possible injurious consequences of such behavior;
11) Consideration of whether or not prosecution would exacerbate the social problem that led to the applicant’s criminal act;
12) The history of the use of physical violence toward others;
13) Any involvement of the applicant with organized crime;
14) 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;
15) Whether or not the applicant’s involvement with other people in the crime charged or in other crime is such that the interest of the State would be best served by processing his case through traditional criminal justice system procedures;
16) Whether or not applicant’s participation in pretrial intervention will adversely affect the prosecution of codefendants; and
17) 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.
The probation department and the prosecutor’s office will consider these factors when recommending or rejecting your PTI application. For additional information, please contact our experienced criminal defense attorneys anytime at (201)-330-4979.