Are you facing charges and wondering if pretrial intervention (PTI) could help you avoid a conviction? The process has strict rules, but having someone on your side who knows the New Jersey criminal justice system can help you protect your rights.
The lawyers at Keith Oliver Criminal Law can guide you through every part of the PTI process in New Jersey. We can prepare you for interviews, gather documents that support your application, and argue for your acceptance before the court. As seasoned criminal defense lawyers for PTI in NJ, our experience can help you avoid mistakes that put your eligibility at risk.
Discover how we can help you move forward by contacting our New Jersey criminal defense attorneys today for a free, confidential case review.
What Is Pretrial Intervention (PTI) in New Jersey?
Pretrial intervention (PTI), also known as “supervisory treatment,” is a program in New Jersey that offers certain defendants the opportunity to avoid prosecution by completing a period of supervised release.
Instead of proceeding with criminal trials, eligible participants enter into agreements that require them to report to probation officers and adhere to specific court-approved conditions. If participants successfully complete the program, the court may dismiss their original charges, resulting in no criminal convictions being recorded on their records.
The purpose of PTI is to provide first-time offenders and those with limited criminal records a structured opportunity to change their behavior and reduce the likelihood of future arrests. The program typically lasts from six months to three years, depending on the criminal charges and the court’s order.
During this time, participants must comply with all laws, remain employed or in school, and participate in any treatment or counseling required by their probation officers. If someone violates the conditions of the PTI program, the court can remove them from the program and resume prosecution.
People are not automatically placed in PTI programs. Under New Jersey law, every applicant must submit a formal request, which prosecutors and judges review in accordance with standards established by law and court rules.
Eligibility for PTI
New Jersey PTI eligibility is limited to individuals who can demonstrate that they will benefit from supervision over prosecution. The law directs courts and prosecutors to weigh each applicant’s background, the nature of the alleged offense, and the interests of any victims when deciding on admission. Prosecutors must also consider whether the applicant can respond to rehabilitation and whether the public’s interests would be better served by prosecution.
Some groups face a presumption against PTI. Public employees charged with crimes connected to their jobs, people accused of violent or domestic violence offenses, and those with prior serious convictions all fall into this category. The prosecutor’s office may still approve PTI in criminal cases involving these groups, but only if there are strong enough reasons to overcome the presumption. Defendants with prior convictions and those who have previously participated in diversion programs are generally not eligible.
Applicants must submit PTI requests quickly and provide detailed information about their criminal offenses and personal histories. Prosecutors and criminal division managers review these applications. If both parties agree, the final enrollment decision is presented to a judge for approval.
The PTI Process
The pretrial intervention program in NJ starts with an application. Defendants should apply as early as possible, and no later than 28 days after indictment, unless the court grants an exception. PTI applications must include the applicant’s personal history, the nature of the charges against them, and other details for probation staff and prosecutors to review. Applicants must also pay a $75 application fee unless the court grants a waiver.
Once the application is filed, the Criminal Division Manager’s Office investigates the case. Staff will evaluate the applicant’s background, the facts of the alleged criminal offense, and the likelihood that supervision would help the applicant address the issues that led to their arrest. The Office then submits a recommendation to the prosecutor. The prosecutor reviews this report, considers input from any crime victims if appropriate, and decides whether to support or oppose the PTI enrollment.
If the prosecutor and the Criminal Division Manager’s Office recommend admission, the application goes to a Superior Court judge. This judge makes the final decision after weighing the statutory factors and any objections. In certain cases, such as those involving serious charges or prior convictions, the applicant must enter a guilty plea before being admitted to PTI. However, that plea remains inactive unless the participant fails out of the program.
Once a defendant is admitted, they must sign a written agreement that sets the conditions of their supervision. These conditions may include reporting to a probation officer, completing treatment, maintaining employment, and avoiding new arrests. PTI can last from six months to three years. If the participant completes all the terms of the program, the court dismisses the charges against them. However, if they violate the PTI agreement, the court can remove them and resume prosecution.
The Benefits of Completing PTI
The completion of a PTI program can give you a clear path forward without a conviction. Once you finish PTI successfully, the court will dismiss the charges against you with prejudice, which means the state cannot prosecute you again on those same charges. The case is permanently closed, removing the risk of a trial and the penalties that could stem from a guilty verdict.
Because completing PTI prevents you from getting a criminal record for the charge that led to the program, it can protect your job prospects and educational opportunities. In some cases, you can even apply for expungement to clear the arrest and the PTI participation itself from your record.
PTI also allows you to address issues that might have led to your arrest in the first place. For example, your supervision program might include counseling, treatment, or community service. If you complete these requirements, you can show accountability and personal growth that reflect favorably on you. Courts and prosecutors see this as proof that you have taken steps to reduce your risk of reoffending.
What Happens If You Violate PTI?
Violations of PTI conditions put you at risk of being removed from the program and facing prosecution again. These conditions may include reporting to a probation officer, avoiding arrest, attending treatment, maintaining employment, or attending school. If you fail to meet these obligations, your probation officer will report the violation to the court.
If this happens, the court will hold a summary hearing to decide whether the violation justifies removing you from the program. If a judge removes you from PTI and reactivates the charges, your case will go back to the prosecutor for trial. In that situation, your case would proceed as if you were never in a PTI program, and you would face all the original charges and penalties. If you were required to enter a guilty plea before admission, the plea will go into effect at this point.
Not every violation leads to removal. If the violation was relatively minor, the court might allow you to remain in PTI with stricter terms, such as more frequent reporting or additional counseling. Still, any violation raises the risk of removal, so it’s essential to take the process seriously.
Why You Need an Experienced Criminal Defense Lawyer
Prosecutors and judges have broad discretion when deciding who can participate in the New Jersey pretrial intervention programs, and they do not automatically approve every application.
A criminal defense lawyer can improve your odds of success by preparing arguments that highlight positive aspects of your background and explaining why you deserve a second chance. They can also address any red flags in your record before the state raises them.
If the prosecutor objects to your admission, your attorney can push back with case law or past examples to support your eligibility. A good lawyer will know how to frame your case in a way that increases the likelihood of acceptance and keeps you from saying or doing anything to hurt your chances of getting into a PTI program.
At Keith Oliver Criminal Law, we understand that being charged with a crime can feel overwhelming. However, we also know that having a lawyer who can explain the process and answer your questions can make all the difference. Many clients describe our attorneys as approachable, knowledgeable, and always ready to provide guidance.
Here’s how Michael, one of our past clients, described his experience with us:
“I found myself in trouble for the … first time in my life. With no one to call and googling legal rights and in desperate search for a lawyer to represent me, and better understand my situation I met Mr. Oliver. We immediately clicked. Keith is a very down to Earth guy with a shrewd sense of the law, yet a personable guy to the very end. I admit, I may have called Keith several times just to better understand things that had transpired, and he was never hard to reach or annoyed by the amount of times I had called it (It was a lot). I would recommend Keith in any situation, I still contact him today for advice and he gladly helps.” —Michael
Contact Our NJ Criminal Attorneys to Learn More
PTI offers an opportunity to resolve your case without a conviction, but the process can be complicated. You deserve clear advice and strong representation when your future is on the line. That’s where Keith Oliver Criminal Law comes in. Our attorneys can review your situation, explain your options, and guide you through every step of the PTI process. Contact our criminal defense lawyers for PTI in NJ to learn more in a free, fully confidential case review.