Can I get PTI (a/k/a Pre Trial Intervention)
Pre Trial Intervention or P.T.I. is a program that allows certain defendants charged with crimes and/or felonies to be diverted into a special supervisory program ranging from one to three years in length. If they apply and are accepted by the criminal case manager and prosecutor, then they are admitted into the PTI program. Even if they are not accepted by the aforementioned parties, the defendant can still file an appeal with a Judge in order to try and be admitted into PTI. The great strength of PTI is that if a person successfully completes PTI, they will not have a criminal record. Six months after the completion of PTI, a person can file an application to have his or her record of arrest and entry into PTI expunged. Now more than ever, people are being permitted to apply to PTI.
For example, in a recently decided case involving limitations on applying to PTI, titled State v. Green the Appellate Division ruled that It was error for the Criminal Division manager to refuse to allow a defendant an opportunity to submit an application for entry into the pretrial intervention program
The Court ruled that pursuant to NJRE 3:28 and the PTI guidelines, a defendant shall be permitted to apply for PTI. This is true even where the application is unlikely to be granted due to the prosecutor's opposition. Prior to this case, it was always the belief that a defendant had to have the express consent of the prosecutor to be able to be permitted to apply to PTI where the charges were a second degree offense or greater. This will allow many people to apply to PTI who were previously barred from doing so. If you have any questions regarding this or any case, please contact the writer via here or his website of www.jerseycriminallawyer.com.
