NJ Court Rule on Pretrial Intervention

If you are facing criminal charges in New Jersey, you may be able to avoid prosecution through a program called pretrial intervention (PTI). New Jersey Court Rule 3:28 provides the guidelines and procedures governing PTI in the state.

What is Pretrial Intervention?

Pretrial intervention allows certain defendants to get charges dismissed after completing a probationary period and other conditions ordered by the court. It serves as an alternative to traditional criminal prosecution. PTI is available for first-time offenders charged with non-violent crimes who are deemed good candidates for rehabilitation. By completing PTI, defendants can avoid the stigma of a criminal conviction.

New Jersey Court Rule 3:28

The primary authority regulating PTI in NJ is Court Rule 3:28. Some key provisions include:

• Establishes PTI programs under the Superior Court of NJ.
• Sets eligibility criteria for admission into PTI.
• Provides guidelines for PTI application procedures.
• Governs appointment of PTI program directors.
• Allows judicial review of PTI decisions.

The PTI rule seeks to divert select defendants away from traditional prosecution. Courts have broad discretion in interpreting the rule.

PTI Eligibility Criteria

To qualify for PTI in New Jersey, defendants must meet requirements laid out in Court Rule 3:28 such as:

• Being charged with a penal or disorderly persons offense.
• Having no prior indictable conviction.
• Facing increased likelihood of recidivism without rehabilitation.
• Consent of the prosecutor.

However, meeting the criteria does not guarantee PTI admission, which is subject to prosecutorial discretion.

PTI Application Process

Under Court Rule 3:28, the PTI application process involves:

1. Submitting a written application to the PTI director.
2. Providing information about age, prior record, employment, and education.
3. The PTI director reviewing the application.
4. The prosecutor deciding whether to consent to PTI entry.
5. The court ordering PTI participation if approved.

Hiring an attorney is highly recommended to navigate the PTI application process and represent your interests.

PTI Program Requirements

Court Rule 3:28 authorizes the PTI director to order conditions for participants such as:

• Period of supervision up to 3 years.
• Restitution and fines.
• Community service or other volunteer work.
• Psychiatric treatment or counseling.
• Occupational training or education.

Failure to comply could result in termination from PTI and prosecution on original charges.

Successful Completion of PTI

Upon successful completion of all PTI conditions, Court Rule 3:28 requires:

• The criminal charges must be dismissed.
• Records of PTI participation may be expunged.
• PTI records cannot be used against the defendant.

So PTI provides a path to avoid a criminal conviction if all requirements are satisfied.

Challenging Denial of PTI

If PTI admission is denied, defendants can file an appeal with the trial court under Court Rule 3:28. To overturn the denial, defendants must prove:

• An arbitrary, patent and gross abuse of discretion by prosecutors.
• A failure to consider all relevant factors.
• Consideration of irrelevant factors.

This is a very high standard, but consulting an attorney is recommended before giving up on PTI eligibility.

Domestic Violence Charges and PTI

For domestic violence charges, PTI admission is very limited in New Jersey. Prosecutors rarely consent to PTI for domestic violence offenses due to their serious nature. However, an experienced criminal defense attorney may be able to negotiate a plea agreement to avoid a domestic violence conviction by amending charges to a non-violent disorderly persons offense.

When to Apply for PTI

Applying to PTI early in the case, even before indictment, is recommended under Court Rule 3:28. This avoids wasting time on prosecution. Immediately consult an attorney if interested in pursuing PTI.

Hiring an Attorney for PTI

Navigating New Jersey's PTI process is complex. Having an experienced criminal defense attorney represent you can be invaluable. An attorney can assess if you may qualify for PTI under Court Rule 3:28. If eligible, they can handle the PTI application, represent your interests, and negotiate with prosecutors - giving you the best chance at admission. Don't go it alone when your criminal record is on the line. Hire a lawyer to pursue PTI under Court Rule 3:28.