What is the difference between PTI (Pre-Trial Intervention) and a CD (Conditional Discharge)?
Both
programs are supervisory in nature and are referred to as diversionary
programs. They are usually available to first time offenders who have no
prior or minimal record (for PTI) and no previous convictions for drugs
or drug paraphernalia for a (CD).
Pre-Trial Intervention or PTI
is solely accessible in the Superior Court. It only arises out of
crimes; i.e. Charges of the 1st, 2nd, 3rd and 4th degree. As a practical
matter you have little to no chance of getting PTI on a 1st degree
crime and a slim chance for a 2nd degree crime. If the facts are right
on a 2nd degree crime and the prosecutor doesn’t object then you could
get PTI on a 2nd degree offense (the big thing here is the prosecutor
has to object). In order to be accepted to PTI you have to apply for PTI
in the criminal division manager’s office in the county where the crime
arose. If the program level accepts you, your application is then sent
to the prosecutor’s office for their approval or rejection. The term of
PTI is one to three years. If you successfully complete the program then
the charges against you will be dismissed with prejudice.
A
conditional discharge on the other hand can be granted at the Superior
Court or Municipal Court level and is usually only used with non
criminal offenses such as disorderly persons offenses such as “less than
(<) 50 grams of marijuana charges” or “possession of paraphernalia.”
You can not get a CD for non drug or non paraphernalia cases regardless
of your record. To be eligible, you must not have ever been convicted
of a drug or paraphernalia charge in New Jersey or any other State. If
you are eligible, you will be placed on probation for a term of six
months or one year, depending on the Court.
You cannot get PTI if you have already had a CD and vice versa.
Lastly,
once the probationary period has expired and you have satisfied all of
the courts conditions, the charges will be administratively dismissed
against. The arrest record will remain on your record however you will
not be convicted of a crime or offense.
Thursday, November 15, 2012
N.J. Bill Offers Pretrial Intervention Program For Misdemeanors
TRENTON — Defense attorney
Joe Eustace made an unusual request in court a few days ago on behalf of
his client, a recent high school graduate accused of shoplifting a few
pairs of jeans from a local mall; he asked the local prosecutor to
charge his client with stealing more.
And the practice is common, defense attorneys say.
That's because in New Jersey, felony offenders can apply for something called pretrial intervention — a program that allow first-time offenders to have a crime dropped from their criminal record so long as they complete certain conditions, such as community service or counseling or restitution. The programs also usually require the defendants to stay out of legal trouble for up to three years.
Those charged with misdemeanor non-drug offenses don't have the option.
In this case, the prosecutor was Reed Gusciora, who is also a state assemblyman and the sponsor of a bill to allow those charged in municipal court to enter into a pretrial program so long as they hadn't done so within the past five years.
Eustace asked that since there were other people with his client who were also charged with shoplifting, his client's charge be upgraded to say that the value of what he stole was over $200.
"It goes against common sense," Eustace said. "You expose the client to a greater penalty but in return are able to have a diversionary program available to avoid having this on his record."
In the case of Eustace's client, being charged with stealing $200 makes it a felony, gets the case bumped up to state court, and allows his client — who has no criminal history and is about to start college — to apply for the program to keep the charge off his criminal record.
Gusciora agreed.
"It just seemed ridiculous. If you steal a prom dress from Macy's, so long as it's over $200, you can get it dropped from your record. If you're a little old lady who steals box of Depends, you are not entitled to pretrial intervention," Gusciora, D-Princeton, said.
The state has had the program in place since 1979 but only for felonies and minor drug offenses. Charges of lesser offenses like shoplifting and underage drinking can be reduced in court, but not dropped outright unless a defendant goes to trial and wins.
At that time, lawmakers worried that allowing the program for every offense would overwhelm the system, said defense attorney Robert Ramsey, author of a book that outlines the direct and collateral consequences of every traffic or criminal offense in municipal courts in New Jersey.
As a result, he said, lower court attorneys and judges have sometimes found creative ways to offer plea bargains. But not all judges and prosecutors will agree to it, and for some defendants, where you are charged can make the difference.
"There is no mechanism for people to do this; there are no standards. It's on an ad-hoc basis," Ramsey said.
Gusciora's bill passed the Assembly but remains stalled in the Senate Judiciary Committee, headed by another municipal prosecutor, state Sen. Nicholas Scutari.
Scutari said he hasn't had a chance to take a serious look at it, but said it may not be necessary. He said a defendant can have the charges reduced in a plea bargain and can apply to have a crime expunged from their record later.
"I don't know if it's something that we need," said Scutari, D-Linden.
In the case of Eustace's client, five years is a long time.
"He's a young man heading to college," Eustace said. "When he gets out, it would be on his record, and these days, employers do background checks."
And the practice is common, defense attorneys say.
That's because in New Jersey, felony offenders can apply for something called pretrial intervention — a program that allow first-time offenders to have a crime dropped from their criminal record so long as they complete certain conditions, such as community service or counseling or restitution. The programs also usually require the defendants to stay out of legal trouble for up to three years.
Those charged with misdemeanor non-drug offenses don't have the option.
In this case, the prosecutor was Reed Gusciora, who is also a state assemblyman and the sponsor of a bill to allow those charged in municipal court to enter into a pretrial program so long as they hadn't done so within the past five years.
Eustace asked that since there were other people with his client who were also charged with shoplifting, his client's charge be upgraded to say that the value of what he stole was over $200.
"It goes against common sense," Eustace said. "You expose the client to a greater penalty but in return are able to have a diversionary program available to avoid having this on his record."
In the case of Eustace's client, being charged with stealing $200 makes it a felony, gets the case bumped up to state court, and allows his client — who has no criminal history and is about to start college — to apply for the program to keep the charge off his criminal record.
Gusciora agreed.
"It just seemed ridiculous. If you steal a prom dress from Macy's, so long as it's over $200, you can get it dropped from your record. If you're a little old lady who steals box of Depends, you are not entitled to pretrial intervention," Gusciora, D-Princeton, said.
The state has had the program in place since 1979 but only for felonies and minor drug offenses. Charges of lesser offenses like shoplifting and underage drinking can be reduced in court, but not dropped outright unless a defendant goes to trial and wins.
At that time, lawmakers worried that allowing the program for every offense would overwhelm the system, said defense attorney Robert Ramsey, author of a book that outlines the direct and collateral consequences of every traffic or criminal offense in municipal courts in New Jersey.
As a result, he said, lower court attorneys and judges have sometimes found creative ways to offer plea bargains. But not all judges and prosecutors will agree to it, and for some defendants, where you are charged can make the difference.
"There is no mechanism for people to do this; there are no standards. It's on an ad-hoc basis," Ramsey said.
Gusciora's bill passed the Assembly but remains stalled in the Senate Judiciary Committee, headed by another municipal prosecutor, state Sen. Nicholas Scutari.
Scutari said he hasn't had a chance to take a serious look at it, but said it may not be necessary. He said a defendant can have the charges reduced in a plea bargain and can apply to have a crime expunged from their record later.
"I don't know if it's something that we need," said Scutari, D-Linden.
In the case of Eustace's client, five years is a long time.
"He's a young man heading to college," Eustace said. "When he gets out, it would be on his record, and these days, employers do background checks."
Wednesday, November 14, 2012
Marijuana Offenses and Pretrial Intervention
Pretrial Intervention & Marijuana Offenses
New Jersey allows individuals indicted or subject to indictment for a marijuana offense to avoid prosecution through a program referred to as Pretrial Intervention (“PTI”). Petitions for Pretrial Intervention or PTI must comply with certain statutory requirements otherwise an accused cannot be afforded diversion of, for example, a marijuana distribution charge. The attorneys from our defense firm, the Law Offices of Jonathan F. Marshall, have years of experience with PTI and know what must be presented in order to avoid indictment. A lawyer from our office would be happy to discuss your eligibility for Pretrial Intervention and to assist you in obtaining diversion of your marijuana offense.
New Jersey Pretrial Intervention Law
The goal of the PTI program is to provide a mechanism by which cases involving individuals likely to be rehabilitated can be diverted such that the legal system does not become overburdened. To accomplish this objective, the law imposes the following eligibility requirements for admission into Pretrial Intervention: (1) the accused is charged with an offense which is eligible for PTI (i.e. Third Degree, Fourth Degree or Downgraded Second Degree); (2) the accused is likely to successfully complete the program; (3) the accused was never granted diversion of an offense previously, including a prior conditional discharge; and (4) consent by the prosecutor to admission into Pretrial Intervention.
When an individual arrested for distributing marijuana successfully completes Pretrial Intervention, his criminal case is dismissed. Completion of PTI therefore eliminates any risk of a criminal conviction. If, however, an individual violates the conditions of Pretrial Intervention, the original charge is resurrected and the marijuana offense is restored to the active trial calendar.
Our defense lawyers have been representing individuals charged with marijuana offenses in conjunction with Pretrial Intervention for literally years. We believe that involvement of an experienced attorney in the PTI process is important in order to reduce the risk of prosecutor rejection. Please do not hesitate to call upon us for a free initial consultation at 1-877-450-8301 to discuss how your marijuana arrest may be resolved through Pretrial Intervention.
New Jersey allows individuals indicted or subject to indictment for a marijuana offense to avoid prosecution through a program referred to as Pretrial Intervention (“PTI”). Petitions for Pretrial Intervention or PTI must comply with certain statutory requirements otherwise an accused cannot be afforded diversion of, for example, a marijuana distribution charge. The attorneys from our defense firm, the Law Offices of Jonathan F. Marshall, have years of experience with PTI and know what must be presented in order to avoid indictment. A lawyer from our office would be happy to discuss your eligibility for Pretrial Intervention and to assist you in obtaining diversion of your marijuana offense.
New Jersey Pretrial Intervention Law
The goal of the PTI program is to provide a mechanism by which cases involving individuals likely to be rehabilitated can be diverted such that the legal system does not become overburdened. To accomplish this objective, the law imposes the following eligibility requirements for admission into Pretrial Intervention: (1) the accused is charged with an offense which is eligible for PTI (i.e. Third Degree, Fourth Degree or Downgraded Second Degree); (2) the accused is likely to successfully complete the program; (3) the accused was never granted diversion of an offense previously, including a prior conditional discharge; and (4) consent by the prosecutor to admission into Pretrial Intervention.
When an individual arrested for distributing marijuana successfully completes Pretrial Intervention, his criminal case is dismissed. Completion of PTI therefore eliminates any risk of a criminal conviction. If, however, an individual violates the conditions of Pretrial Intervention, the original charge is resurrected and the marijuana offense is restored to the active trial calendar.
Our defense lawyers have been representing individuals charged with marijuana offenses in conjunction with Pretrial Intervention for literally years. We believe that involvement of an experienced attorney in the PTI process is important in order to reduce the risk of prosecutor rejection. Please do not hesitate to call upon us for a free initial consultation at 1-877-450-8301 to discuss how your marijuana arrest may be resolved through Pretrial Intervention.
PTI in New Jersey
What is New Jersey Pre Trial Intervention - PTI?
New Jersey Pre Trial Intervention - PTI - is a mechanism for a defendant to avoid criminal charges completely, avoid the expense of trial, potential incarceration, as well as stigma of a criminal conviction.
However, a defendant must be eligible in order to enroll into the PTI program.
Enrollment eligibility requirements for PTI are as follows:
1. no prior criminal record;
2. nature and facts of the case;
3. motivation and age of defendant;
4. desires and interests of victim and society;
5. non - violent crime.
How soon may I apply for PTI?
Immediately following pre arraignment conference.
What is the difference between PTI and Conditional Discharge?
PTI is a pre Trial Intervention program that exists only for escaping any indictable offense in a County Superior Court, whereas Conditional Discharge is available only for drug charges and only in the lower City, Township or Borough Municipal Courts.
What is conditional Discharge?
Defendant facing a drug charge in municipal court may apply for a conditional discharge.
The Court will accept such defendant into the program only if said defendant has never been entered into the conditional discharge program before or has never been convicted of a drug charge in court before.
Otherwise, the Judge will disqualify such a defendant as being ineligible to be admitted into the Conditional Discharge Program.
If admitted, defendant will face fines from the Court plus a one year probation subject to random drug tests during that one year period.
If defendant does not re-offend during the one year probation and passes all administered drug tests then defendant's original charges will be dismissed against him so he will avoid having the stigma attached to a person with a criminal record.
New Jersey Pre Trial Intervention - PTI - is a mechanism for a defendant to avoid criminal charges completely, avoid the expense of trial, potential incarceration, as well as stigma of a criminal conviction.
However, a defendant must be eligible in order to enroll into the PTI program.
Enrollment eligibility requirements for PTI are as follows:
1. no prior criminal record;
2. nature and facts of the case;
3. motivation and age of defendant;
4. desires and interests of victim and society;
5. non - violent crime.
How soon may I apply for PTI?
Immediately following pre arraignment conference.
What is the difference between PTI and Conditional Discharge?
PTI is a pre Trial Intervention program that exists only for escaping any indictable offense in a County Superior Court, whereas Conditional Discharge is available only for drug charges and only in the lower City, Township or Borough Municipal Courts.
What is conditional Discharge?
Defendant facing a drug charge in municipal court may apply for a conditional discharge.
The Court will accept such defendant into the program only if said defendant has never been entered into the conditional discharge program before or has never been convicted of a drug charge in court before.
Otherwise, the Judge will disqualify such a defendant as being ineligible to be admitted into the Conditional Discharge Program.
If admitted, defendant will face fines from the Court plus a one year probation subject to random drug tests during that one year period.
If defendant does not re-offend during the one year probation and passes all administered drug tests then defendant's original charges will be dismissed against him so he will avoid having the stigma attached to a person with a criminal record.
Pre Trial Intervention Program
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 or disorderly behavior by a defendant.
If a defendant successfully completes all the conditions of PTI, then the original charges are dismissed 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 trial list.
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. This report is forwarded to the prosecutor and defense counsel. A defendant is accepted into PTI on the recommendation of the Criminal Division, with the consent of the prosecutor and the defendant.
If accepted, the conditions for participation are set forth in the PTI Order and must be followed for the defendant to successfully complete.
If for any reason the defendant is not accepted, the applicant may appeal the decision to the Presiding Judge of the Criminal Division.
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 or disorderly behavior by a defendant.
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 record.
- 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.
- Many 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 average from one to three years. Certain standard conditions are imposed on those accepted into PTI, such as, random urine monitoring, and assessments for 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 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 trial list.
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.
- Residence - PTI is designed for New Jersey residents, but others may apply.
- Jurisdiction - Only defendants charged with criminal or penal offenses in New Jersey criminal or municipal courts.
- Minor Violations - Not eligible if the likely result would be a suspended sentence without probation or a fine.
- 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 should be made as early as possible upon the commencement of proceedings to the Criminal Division Office in the county where the criminal charge is filed, but no later than twenty-eight days after indictment.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. This report is forwarded to the prosecutor and defense counsel. A defendant is accepted into PTI on the recommendation of the Criminal Division, with the consent of the prosecutor and the defendant.
If accepted, the conditions for participation are set forth in the PTI Order and must be followed for the defendant to successfully complete.
If for any reason the defendant is not accepted, the applicant may appeal the decision to the Presiding Judge of the Criminal Division.
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