What is Pretrial Intervention or shorthand “PTI”? Essentially, it is a program which augments the options available to the prosecution and courts when confronted with a person charged with a criminal offense. Ordinarily, Pretrial Intervention, which is considered a form of supervisory treatment, is limited to individuals who have not previously been convicted of any criminal offense in New Jersey, or any other jurisdiction in the United States for that matter. Here at the Law Office of Jonathan F. Marshall, our team of Morris County criminal defense lawyers have been representing Defendant’s charged with various criminal offenses like aggravated assault, burglary, theft by deception, possession of heroin, possession of marijuana and terroristic threats for over fifteen years. If you or someone you love has been charged with a criminal offense in towns like Butler, Hanover, Parsippany, Dover, Morristown, Denville, Roxbury, Mount Olive, Jefferson, Madison or elsewhere in Morris County and would like to discuss your chances of being accepted into the PTI program, please contact our Morristown office at (973) 309-7050. Our attorneys are available 24/7 to help in anyway possible. For more information on the PTI program, including what the Prosecution looks at in making their determination, please checkout below.
Eligibility for Pretrail Intervention in NJ?
In Morris County, PTI is only available at the Superior Court level. At its core, Pretrial Intervention is based on a rehabilitative model. Pretrial Intervention seeks to solve personal problems which tend to result from conditions that appear to cause crime. Depending on the defendant’s criminal history as well as the nature and degree of the crime, the court may choose to permit the defendant to enter the PTI program in Morris County.
If you are currently dealing with an indictable case in Morris County, you may be eligible for admission into the Pretrial Intervention Program. To find out whether this program is available or if it is the best option for you, contact the Law Office of Jonathan F. Marshall today and speak with one of our many criminal trial attorneys.
How do I Apply for Admission into PTI in Morris County?
The program is initiated by a defendant making an application for admission into the program. The defendant must make the application after a criminal complaint or accusation has been filed or an indictment returned against them. The application must be made prior to trial, and unless extenuating circumstances are present, not later than seven days after the original plea to the indictment. The court will require the person applying for admission to the program to pay a fee of seventy five dollars. The fee is paid to the court for use by the State.
Initially, the program director considers the defendant’s application and makes a recommendation that the defendant be accepted or rejected into the program. If the director recommends acceptance the prosecutor must consent to the defendant’s admission prior to enrollment. Generally, a decision by the Morris County Prosecutor to deny admission into PTI will only be overturned if the court finds that there was a patent and gross abuse of discretion.
There are a variety of factors that will be considered in either denying or admitting an application into PTI. The decisions and reasons for granting or denying applications for Pretrial Intervention, as well as the decisions in recommending and ordering termination from the program or the dismissal of charges, must be reduced to writing and disclosed to the defendant.
Are There Charges That Prevent Admission into PTI NJ?
In some cases, it may be appropriate for prosecutors to base a rejection solely on the nature of an offense, as the PTI guidelines express a presumption against admission for certain offenses. Examples are first or second degree offenses, organized criminal activity, burglary of a residence, and offenses involving the dispensing a Schedule I or II narcotic drug. Also, defendants charged with an offense that carries a mandatory minimum term of imprisonment, such as the Graves Act, are subject to a presumption of PTI ineligibility.
Experienced Morris County Criminal Defense Attorneys
Gaining admission into the Pretrial Intervention Program in Morris County is not always that best option in every case. However, when it is, the application procedure may prove difficult and even require multiple appeals. It is for this reason that any defendant facing indictable (felony) charges, like heroin distribution, possession of cocaine with the intent to distribute, receiving stolen property, possession of prescription drugs or stalking should consult with an attorney and discuss whether or not PTI is best for their case. If you have been charged with a criminal offense in towns like Montville, East Hanover, Pequannock, Randolph, Boonton or elsewhere in Morris County, please feel free to contact our Morris County Office today and speak with an attorney about how Pretrial Intervention works and if it is appropriate for you.