Pre-Trial Intervention FAQs
Aggressive Atlantic City Criminal Defense Attorney Negotiates Pretrial Intervention for First Time Offenders in South Jersey
Anyone charged with a serious crime in New Jersey is likely facing life-altering consequences if convicted. With the assisted of an experienced, knowledgeable criminal defense lawyer, first-time offenders may be able to enter a program known as “Pretrial Intervention” (PTI) and avoid a trial and consequences of conviction.
As a former prosecutor, John W. Tumelty knows exactly how to best position clients for entry into PTI in Camden and Atlantic counties and throughout South Jersey. Now, as a longtime criminal defense lawyer, he will put his experience to work for you. Contact him to learn more about PTI today.
Knowledgeable Lawyer Answers Commonly Asked Questions about PTI in New Jersey
Q: What is Pretrial Intervention and how does it work?
A. If accepted into this prosecution diversion program, described in New Jersey Statutes 2C:43-12 and R 3:38, a criminal defendant agrees to specific conditions such as:
- Paying restitution
- Attending an anger management program
- Performing community service
- Being evaluated for substance abuse
- Following any recommendations that come out of that evaluation
If a defendant completes PTI successfully, their charges will be dismissed. If, at any time during the program (which could last up to three years depending on the particular charges involved and the circumstances that resulted in the criminal charges) the defendant fails to follow the agreed upon stipulations, the case will be sent back to court to be handled in the traditional manner.
Q: Who is eligible to apply for Pretrial Intervention?
A. Anyone who is charged with an indictable offense in NJ may apply. PTI is only available for adults, not juvenile offenders.
It’s important to know, however, that anyone charged with a first or second degree crime, or charges involving controlled dangerous substances, must get permission from the prosecutor before applying to the program. Additionally, anyone who has previously been on parole, probation or who has been in prison anytime in the past five years must also obtain approval from the county prosecutor before applying to PTI.
Q: How does someone apply for Pretrial Intervention?
A. Criminal defense lawyer John Tumelty will assist eligible clients in making application to the local prosecutor in Atlantic or Cape May counties or wherever your case is being heard. Additionally, Mr. Tumelty will negotiate with the Pretrial Intervention director to prove his client is suitable for PTI.
To apply for PTI, a defendant’s application is reviewed by the Pretrial Intervention director in Criminal Case Management in the appropriate county in New Jersey. The director conducts an interview with the defendant and prepares a report with his or her recommendation regarding the individual’s suitability for PTI. That report is reviewed by the prosecutor’s office and a final decision about whether the defendant will be accepted into PTI is made.
If PTI is approved, a court order will be made and signatures will be required by the defendant. If PTI is rejected, the prosecutor’s office will hand down that decision in writing, as well.
Q. Can a rejected PTI application be appealed in New Jersey?
A. Yes, a defendant can appeal a denial of PTI. However, it is strongly recommended that you hire an aggressive criminal defense lawyer like John W. Tumelty to go to bat for you when appealing a PTI rejection. There are very specific steps a defendant must take if there is any hope of getting the denial reversed.
Q: How often can a defendant go through the PTI program?
A. PTI is available to a defendant only one time. This means that if you have previously gone through PTI or have received any type of conditional discharge of charges, you will not be permitted to go through this diversionary program again.
Q. After PTI is successfully completed, can a defendant’s criminal record be expunged?
Six months into PTI, if approved by the court, the defendant may request to have the indictment against them dismissed. Six months after the indictment is successfully dismissed, the defendant may be eligible to have the charges expunged entirely.
Contact a Knowledgeable Atlantic City Criminal Defense Lawyer about Your Charges and PTI Application Today
John W. Tumelty is an aggressive criminal defense lawyer who has helped countless clients in South Jersey avoid the most severe of penalties. He is an advocate of Pretrial Intervention and will work tirelessly to get eligible clients accepted into the program. Time is of the essence! If you or a loved one is facing serious charges in New Jersey, contact Mr. Tumelty in one of his offices in Atlantic City, Marmora or Somers Point for a free consultation about your case. The sooner Mr. Tumelty gets involved in your defense, the faster he can begin working for you.