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.
No comments:
Post a Comment