Pretrial Intervention Program (PTI) to dismiss NJ criminal charges for First time offenders in Superior Court
Edited by Kenneth Vercammen from Judiciary Information Sheet
If you have no prior criminal charges, I recommended that my clients apply for PTI Pre Trial Intervention. Please read the details at https://www.njlaws.com/pretrial_intervention_programpti.html
The PTI application form is available for downloading on the Judiciary's website at
· https://www.njcourts.gov/sites/default/files/forms/12305_pti_app.pdf
Copies can also be obtained in the Criminal Division management office at the county courthouses.
See also https://www.njcourts.gov/notices/2018/n181023c.pdf?c=IkJ
When you go to be interviewed, bring the Complaint, pay stubs, photo ID, and your entire file in connection with your matter. You must pay the $75.00 application fee.
In support of your application for PTI the prosecutor and court will later review any letters or documents that are submitted to the Court on your behalf. Please type up and deliver to my office a list of 15 reasons why the prosecutor should approve PTI within 10 days.
Upon receipt of the Pretrial Intervention Program Application, the Criminal Division staff will forward the application and statement to the prosecutor's office.
The prosecutor's office must then provide a written response indicating their decision either to consent or to refuse to consent to further consider the application. Pursuant to R.3:28- 3(b)(2), that written response must be provided to the defendant, defendant's attorney, and the Criminal Division within 14 days after receipt of the application. It should be noted that applications that contain a "yes" response to the question that asks whether the prosecutor has provided such consent does not remove the need for the prosecutor to provide a written response. Criminal Division staff will not consider the merits of the application until receipt of the prosecutor's written consent to further’ consider the application. See R. 3:28-3(b)(2).
I recommend very strongly that clients obtain letters from relatives or other individuals who know you who would be willing to write to the Court to indicate that there should not be incarceration. These letters should set forth favorable aspects regarding your life and your future. They should point out some of the good traits that you possess. They should also feel free to put any other reasons why the prosecutor should approve PTI. The letter should include your date of birth and complaint or indictment number. These letters are for your benefit and these instructions should be followed. These letters of reference should go to the Criminal Division, which interviewed you for PTI.
Please bring an extra copy of all letters of reference, pay stubs and any other documents for the court just in case the court has lost the copies.
Kenneth Vercammen & Associates Law Office represents people charged with criminal offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face prison, fines over $10,000, jail, probation over 18 months, and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal violations. Our website www.njlaws.com provides information on criminal cases.
What is the Pretrial Intervention Program (PTI)?
The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior. The PTI program is based on a rehabilitative model that recognizes that there may be an apparent causal connection between the offense charged and the rehabilitative needs of a defendant. Further, the rehabilitative model emphasizes that social, cultural, and economic conditions often result in a defendant’s decision to commit crime. Simply stated, PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal behavior by a defendant.
If charged with an offense that there is a presumption of jail, the applicant a Statement of Compelling Reasons must be submitted for defendants who have:
(1) a current charge that has a presumption of incarceration or a mandatory minimum period of parole ineligibility (see section II "Current Charges"), or
(2) a prior indictable/felony conviction (see section Ill "Prior Criminal Record") pursuant to R. 3:28-3(b)(1 ).
A statement of compelling reasons is also required to be submitted for charges that carry a presumption against admission to PTI pursuant to N.J.S.A. 2C:43-12(b)(2). See R. 3:28- 1(e)(3). Specifically, there is a presumption against admission (1) for a defendant who is a public officer or employee, and the charge(s) involved their office or employment; or (2) where the charge(s) involves domestic violence and (a) was committed when a temporary or final restraining order was in effect, or (b) the charge(s) involves violence or the threat of violence.
Standardized Pretrial Intervention Program (PTI) Procedures
Directive #14-05 promulgates for statewide use a standard set of forms for processing Pretrial Intervention Program (PTI) cases through the Criminal and Probation Divisions of the Superior Court. Since December 1, 2005, the following language is used, replacing any corresponding forms now in use in the court vicinages:
What Are the Benefits of the Pretrial Intervention Program (PTI)?
If PTI is successfully completed, there is no record of conviction, and the defendant avoids the stigma of a criminal conviction. Although no record of a conviction exists, a defendant may want to file for an expungement to remove any record of the original arrest.
Early intervention allows rehabilitative services to be provided soon after the alleged offense, in an attempt to correct the behavior that led to the offense. Some of the costs associated with the formal court process are eliminated through acceptance into PTI. PTI provides early resolution of a case, which serves the interests of the victim, the public and the defendant. PTI reduces the burden on the court and allows resources to be devoted to more serious criminals.
What are the Conditions for Participation in Pretrial Intervention?
Supervision under the PTI program may run from 12 months to three years and is provided by the Probation Division. Certain standard conditions are imposed on those accepted into PTI, such as, random urine monitoring, and assessments of fees, penalties, and fines. Usually two year minimum. Additional conditions may also be imposed to require the performance of community service, payment of restitution, and submission to psychological and/or drug and alcohol evaluations with compliance to recommended treatment programs. If a defendant successfully completes all the conditions of PTI, then the original charges are dismissed on the recommendation of the Criminal Division Manager with consent by the prosecutor, and there is no record of conviction. If a defendant does not successfully complete the conditions of PTI, then the defendant is terminated from the PTI program, and the case is returned to the ordinary course of prosecution.
Who is Eligible for Pretrial Intervention (PTI)?
Any defendant who is charged with an indictable offense may apply. Admission guidelines stated in the Court Rules set the following criteria:
Age - PTI is designed for adults. Jurisdiction - Only defendants charged
with indictable offenses in New Jersey may apply. Minor Violations - Charges that would likely result in a suspended sentence without probation or a fine are generally not eligible. Those charged with ordinance, health code and other similar violations are not eligible. Prior Record of Convictions - PTI generally excludes defendants who have been previously convicted. Parolees and Probationers - Generally excluded without prosecutor’s consent and considered only after consultation with parole and probation departments. Defendants Previously Diverted - Excludes defendants who have previously been granted a diversionary program or conditional discharge.
How Does One Apply for Pretrial Intervention?
Applications to PTI must be made no later than 28 days after indictment. There is a $75 non-refundable application fee. In certain instances, this fee may be waived. The application process includes an interview with the defendant by a staff member of the Criminal Division of the Superior Court. A written report is prepared detailing the decision for admittance or rejection into the PTI program. When a defendant is accepted into PTI on the recommendation of the Criminal Division, with the consent of the prosecutor and the defendant, the judge may postpone all further proceedings against the defendant for a period not to exceed 36 months. The applicant may appeal a rejection to the Presiding Judge of the Criminal Division within 10 days of the rejection.
1. You shall obey all federal, state, and municipal laws and ordinances. You shall notify your probation officer within 24 hours if you are arrested or issued a complaint summons in any jurisdiction.
2. You shall report to your probation officer as directed.
3. You shall answer all inquiries by your probation officer truthfully.
4. You shall permit your probation officer to visit your residence or any other suitable place.
5. You shall promptly report any change of address or residence to your probation officer.
6. You must obtain permission if you wish to move outside the state.
7. You shall seek and maintain gainful employment, and promptly notify your probation officer when you change your place of employment or find yourself out of work.
8. You shall cooperate in any test, treatment and/or counseling deemed necessary by your probation officer during the PTI period of postponement.
If the court finds that you have not complied with the conditions of your PTI Supervision, the Court may modify the conditions of PTI Supervision, or terminate you from the program. If you are terminated from PTI Supervision, your charges will be reactivated, and criminal court proceedings will resume.
Failure to comply with the payment requirements may result in further Court action including termination, attachment of your wages, filing of a civil judgment, or extension of your PTI Supervision for purposes of collection.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he handles Criminal, Municipal Court, and contested case. He is part of the first attorneys in NJ who passed the exam to become a Certified Municipal Court Law Attorney and approved by the Supreme Court on September 30, 2014.
Ken is author of the American Bar Association's new book “Criminal Law Forms” and often lectures to trial lawyers. As the Past Chair of the Municipal Court Section, he has served on its board for 10 years.
He was awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association. He also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.
He serves as is the Editor in Chief of the NJ Municipal Court Law Review.
For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 29 years.
His private practice has devoted a substantial portion of professional time to the preparation and trial of litigated matters. Appearing in Courts throughout New Jersey several times each week on Criminal and Municipal Court trials, civil and contested Probate hearings. Ken also serves as the Editor of the popular legal website www.njlaws.com and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.
In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4th degree black belt.
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