New Brunswick NJ Pretrial Intervention Lawyer
The pretrial intervention program, also known as PTI, is a diversionary program which is designed to allow first time offenders to avoid prosecution on an indictable crime in at the Middlesex Superior Court in New Brunswick. If you have been charged with a criminal offense in South Brunswick, Piscataway, Old Bridge, Highland Park, Monroe or elsewhere in Middlesex County and would like to apply for admission into PTI, our lawyers are skilled in achieving this objective. A lawyer on our eight member defense team is ready to assist you so that your eligibility, admission and completion of the program is secured. The Law Offices of Jonathan F. Marshall is the largest criminal firm in the county, has several prosecutors on staff, including one from the Middlesex County Prosecutor’s Office, and has been handling this type of work for over 100 years between our attorneys. To speak to an attorney now about pretrial intervention, contact our New Brunswick Office at 732-246-7126.
Are You Eligible For Pretrial Intervention?
If you are facing a third degree crime or fourth degree crime, are a first time offender, never been granted a diversion previously and are a resident of New Jersey, you are generally eligible for admission into PTI. Those charged with more serious crimes may only be considered for admission by the Middlesex County Probation Department with consent of the county prosecutor.
What Is The Process For Applying For PTI?
You must file an application for pretrial intervention with the Criminal Division Manager no later than twenty-eight (28) days following indictment. You will be interviewed by a member of the probation department to determine whether you are a good candidate for the program notwithstanding your eligibility. If they reject you, the prosecutor’s office can override that recommendation. If you are approved, you will be admitted into PTI absent an objection by the prosecutor.
How Do I Complete The Program Following Admission
PTI is typically for one (1) year although it can extend to three (3) years by law. You will be on probation for this period and be required to remain arrest and drug free (e.g. random urine test come back clean), report as directed, and pay all fines, costs and fees. If there court also orders community service, which is usually the case, a drug evaluation or counseling, you must also adhere to such conditions. Assuming these conditions are met, you will have successfully completed pretrial intervention.
Will I Have A Record If I Complete PTI?
There will be no record of conviction for the original charge if you are successful in completing PTI. The charge is dismissed with prejudice and without entry of a judgement of conviction. The original arrest will remain on your record, however, until such time as you satisfy the requirement for expungement of the arrest.
Navigating The PTI Application
Applying for the PTI program requires completing a comprehensive application form. Let’s break down the different sections and their significance:
1. Personal Information: Laying The Foundation
To initiate your PTI application, you’ll need to provide essential personal details. This includes your full name, address, contact information, date of birth, age, and gender. Ensuring accuracy in this section is crucial, as it sets the groundwork for further processing.
2. Prior Diversion Ineligibility: Assessing Your Eligibility
The PTI program aims to assist individuals who have not previously participated in similar diversionary programs. In this section, you will be asked whether you have previously been enrolled in any pretrial intervention programs, conditional discharge or dismissal programs, or the Veterans Diversion Program. If you answer “yes” to any of these, you may be deemed ineligible to apply for the PTI program.
3. Current Charges: Shedding Light On Your Situation
Understanding the nature of your current charges is crucial for the PTI application process. You will be asked to provide the complaint/accusation/indictment numbers and any co-defendants’ names. Additionally, if your charges carry a presumption of incarceration or mandatory minimum parole ineligibility, you’ll need to submit an additional page explaining compelling reasons justifying consideration of your application.
4. Prior Criminal Record: Addressing A Past Criminal Conviction
If you have a prior indictable/felony conviction, whether in New Jersey, another state, or the United States, it is important to disclose this information. Providing a separate page detailing compelling reasons for the consideration of your application will strengthen your case for admission into the PTI program.
5. Charges With A Presumption Against Admission: Special Considerations
Certain circumstances may create a presumption against admission into the PTI program. These include charges involving public office or employment and charges related to domestic violence committed under certain conditions. If either of these situations applies to your case, you’ll need to include a separate page outlining compelling reasons that justify your application’s consideration.
6. Representation: The Power Of Legal Counsel
Having legal representation can greatly impact your PTI application. Indicate whether you have an attorney and provide their name, address, and contact information. This section allows you to specify whether you have a private attorney or if a public defender has been assigned to your case.
7. Application Fee: Considering Financial Aspects
The PTI application process incurs a non-refundable $75 application fee. However, you may be eligible for a fee waiver if you can demonstrate verified inability to pay. It is important to follow the specified payment methods, such as cash, check, or cashier’s check, and submit the payment to the Finance Division at the relevant county courthouse. Remember to include the receipt with your application.
8. Acknowledgment Of Defendant: Embracing The PTI Journey
In this final section, you acknowledge that you have read and understood the PTI Program Summary, including its requirements. Express your desire to be considered for enrollment in the PTI program. If the prosecutor’s consent is required, be prepared to provide a statement of compelling reasons to the Criminal Division and obtain the prosecutor’s written consent.
Embarking On A New Chapter
Completing the PTI application is a significant step towards a fresh start and a chance to redirect the course of your life. It’s crucial to carefully fill out the form, ensuring accuracy and completeness. Take advantage of the opportunity to provide additional pages that articulate compelling reasons, as they can greatly strengthen your case.
Remember, if you need legal advice or representation during the pre trial intervention process, consult with an attorney who specializes in criminal defense. They will guide you through the application process, provide skilled insights, and advocate for your best interests.
Pretrial Intervention Attorneys in New Brunswick
Since pretrial intervention only applies to criminal charges at the county courthouse in New Brunswick, this is where the program is administered. Our attorneys are adept in this process and this venue as we have appeared on countless cases there as both prosecutors and as members of a law firm with an office directly across the street. Whether you were arrested in East Brunswick, Dunellen, Milltown, Sayreville or South River, you need someone who knows the court system in New Brunswick. This is exactly what a lawyer at The Law Offices of Jonathan F. Marshall can provide. Call our East Brunswick Office at 732-227-1200 for a free consultation.
