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 http://www.njlaws.com/pre-trial_intervention.html.
We provide our clients with a copy
of the Uniform Defendant Intake form used to interview persons by the Criminal
Division. We advise clients to please read, fill out. You may wish to fax or
bring to my office for review. In Middlesex County, interviews are held at 14
Kirkpatrick St., New Brunswick, NJ 08901. We suggest you call the Criminal
Division first to confirm they have your file ready 732-565-5065.
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.
I
recommend very strongly that you 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.
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. 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 past 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 10a 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.
