Pretrial Intervention (PTI) in New Jersey

Pretrial Intervention, usually called PTI, is New Jersey's diversion program for people charged with indictable offenses. Instead of going through prosecution, you are supervised for a set period, generally up to three years and often less, and when you complete the program the charges are dismissed. Admission requires an application to the court's Criminal Division and the prosecutor's consent, and it can be used only once. For lesser charges in municipal court, two related programs exist: conditional discharge for certain drug offenses and conditional dismissal for certain other offenses.

How does Pretrial Intervention work?

PTI is governed by N.J.S.A. 2C:43-12 and Court Rules 3:28-1 through 3:28-10. The idea behind it is that some people charged with crimes are better served, and the public better protected, by supervision and services than by a prosecution and conviction.

If you are admitted, the case is put on hold while you complete a period of supervision. Conditions vary with the person and the charge and can include:

• Regular reporting to a probation officer.
• Drug or alcohol testing and treatment.
• Counseling or classes.
• Community service.
• Restitution to anyone who suffered a loss.
• No new arrests.

If you complete the program, the charges are dismissed. If you do not, you can be terminated and the case returns to the prosecutor to proceed as if PTI had never started.

Who is eligible for PTI?

PTI is generally for people charged with indictable offenses who have not previously been in PTI or received a conditional discharge. It is aimed mainly at those without a serious criminal history, though the decision is case by case rather than a simple checklist.

For some charges there is a presumption against admission. These include first- and second-degree crimes, certain offenses by public officials connected to their office, and certain domestic violence offenses. A presumption against admission is not an absolute bar, but overcoming it requires a strong showing of compelling reasons, and the application has to be built with that in mind.

PTI does not apply to DWI or other motor vehicle offenses. Our guide to DWI defense in New Jersey explains how those cases are resolved instead.

How do you apply for PTI?

The application goes to the Criminal Division Manager's office of the Superior Court in the county where you are charged. That office reviews the application and your background, often including an interview, and makes a recommendation. The prosecutor then decides whether to consent, weighing a list of factors set out in the statute, such as the nature of the offense, the facts of the case, your history and circumstances, and the views of any victim.

Timing matters. Under Rule 3:28-3, an application should generally be made no later than 28 days after indictment, and you can apply before an indictment is returned. Applying early also means the application can be considered while plea discussions and the rest of the pre-indictment process are underway. Our page on being charged with an indictable offense explains where PTI fits in the life of a Superior Court case.

A strong application is more than a form. It tells the prosecutor who you are, what happened, and why supervision rather than prosecution makes sense, supported by documents such as employment and school records, treatment or counseling records and letters from people who know you.

What if the prosecutor will not consent?

A denial can be appealed to a Superior Court judge, but the review is limited. The judge does not decide the application fresh. Generally, the denial will be overturned only if it amounted to a patent and gross abuse of the prosecutor's discretion, for example because it relied on an improper reason or failed to consider the relevant factors. That high standard is another reason to put the full picture in front of the prosecutor the first time.

What are conditional discharge and conditional dismissal?

Most disorderly persons cases are heard in municipal court, where PTI is generally not the route. Two municipal court programs fill that role.

• Conditional discharge under N.J.S.A. 2C:36A-1 is for certain disorderly persons drug offenses. If you complete the period of supervision and its conditions, the charge is dismissed. It is a one-time program.
• Conditional dismissal under N.J.S.A. 2C:43-13.1 is for certain other disorderly persons offenses in municipal court. It is also one-time, and it is not available to someone who has already been in PTI or received a conditional discharge. Certain offenses are excluded, and it does not apply to DWI or other motor vehicle offenses.

In both programs the prosecutor's view carries weight and the municipal judge decides whether to grant the application.

Using a one-time program wisely

Because each of these programs can be used only once, the question is not just whether you qualify but whether this is the right case to use it on. If the State's case has a serious weakness, such as an unlawful search or unreliable evidence, it may make sense to test the evidence first. If the evidence is strong, diversion may be the most direct route to a dismissal. That judgment depends on reviewing the discovery, and it is worth making deliberately rather than by default.

What happens after you finish PTI?

When you complete PTI, the charges are dismissed. A record of your enrollment is kept so the one-time limit can be enforced, and the arrest and court records do not disappear on their own. Clearing those records is a separate step through expungement, covered in the expungement section of our Knowledge Center.

Talking to a lawyer about PTI

Whether PTI or a municipal court program is available, and whether it is the right choice, depends on the charge, your history and the evidence. Applications are handled through the Superior Court in Morristown for Morris County and in Newton for Sussex County. Gray Law Group is in Jefferson and can review your charge, the deadlines that apply, and how to present the strongest application. You can request a consultation through our criminal defense page.