What is Pretrial Intervention?

The benefit to the defendant is that no conviction is on the defendant’s criminal record for that alleged crime, and the benefit to the justice system is that its judicial resources are put towards more serious matters that require formal prosecution. Cutting down on judicial waste and clearing up the court calendar is an important interest to consider. In addition, the defendant can avoid a possibly costly trial with the penalties that can accompany a conviction.

The Purpose of the Pretrial Intervention Program

How Do I Apply for Pretrial Intervention?

First time offenders in New Jersey can apply for PTI and avoid being subjected to prosecution, if done so within a timely fashion. The defendant must submit his or her application for PTI within twenty-eight (28) days after being indicted. The defendant has to do this at the Criminal Division Office in the county where the charges were filed.

The next step is an interview with a trained staff member of the Criminal Division of the Superior Court, where a report is drawn detailing admission or rejection from the PTI program. The report is sent to the prosecutor assigned to the case and a letter of acceptance or denial will be sent to the defense attorney.

What are the Conditions for Participation in PTI?

Defendants accepted into the program tend to be supervised for several years, and may be subject to certain conditions, such as random urinalyses, fines, fees, community service, payment of restitution, and submission to alcohol and/or psychological evaluations.

Once successfully completing PTI and adhering to all conditions therein, the charges are dropped, leaving the defendant with no criminal record of the original offense(s). However, if PTI is not a success, the case returns to the court calendar, and it is handled in the traditional courtroom setting.