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.
No comments:
Post a Comment