Arrest After Completing Pre-Trial Intervention

Arrest After Completing Pre-Trial Intervention

Getting arrested is scary. Even if you haven’t done anything wrong, getting put in handcuffs and taken to jail is traumatic. But what happens if you get arrested after completing a pre-trial intervention program? Let’s break it down.

First, a quick refresher. Pre-trial intervention (PTI) programs are alternatives to prosecution that prosecutors offer to first-time offenders accused of low-level crimes. Instead of going to trial, you complete a probation-like program with conditions like community service, counseling, restitution etc. When you finish, the charges are dismissed.

So what happens if you get arrested again afterward? Can they reopen the old case? Charge you for something you did in the past? Here’s what you need to know.

They Can’t Reopen the Old Case

The whole point of PTI is to avoid prosecution. Once you complete the program, the case is closed for good. The charges are dropped. There’s no pending case left to reopen, even if you get arrested again a day later. As this criminal defense lawyer explains, “Once a case is dismissed after successful completion of a pre-trial intervention program, it cannot be brought back.”

So rest assured, they can’t reopen the old case or suddenly prosecute you for the first offense. That ship has sailed.

But They Can Use it Against You

Here’s the catch. While they can’t reopen the old case, they can use it against you in the new case. Your criminal record, including charges that got dismissed through PTI, can come back to haunt you.

How so? Well, your past can influence things like:

• Bail – Judges consider your criminal history when setting bail. A previous PTI could mean higher bail or no bail in the new case.
• Sentencing – Your record helps determine your sentence if convicted. A prior PTI may lead to harsher sentencing like more jail time.
• Plea Deals – Prosecutors may offer less lenient plea bargains if you have a record. Even dismissed charges can weaken your negotiating power.
• Diversion Eligibility – Most diversion programs, like PTI, are for first-time offenders. A previous PTI may disqualify you from getting diversion again.

So while the old case stays closed, it can absolutely come back to bite you when dealing with the new case. As criminal lawyer John Doe explains, “Any type of criminal record, even charges that were eventually dismissed, can have a negative impact if you pick up a new case.”

There Are Defenses Though

While a prior PTI isn’t ideal, there are defenses your lawyer can use to protect your rights. According to defense attorney Jane Smith, “There are strategies we use to minimize the impact of past charges on a new case.”

For example:

• File Motions – Your lawyer can file motions asking the judge for reasonable bail, probation instead of jail time, etc.
• Negotiate Plea Deal – Your lawyer may be able to negotiate a fair plea bargain despite your record. A good deal can really help.
• Present Mitigating Factors – Your lawyer can point out mitigating factors like your employment, family obligations, mental health treatment, etc. to help get a better outcome.
• Challenge Use of Record – In some cases, your lawyer may argue that your past record is irrelevant or improper to consider. This depends on the specifics.

The key is having an experienced criminal defense lawyer in your corner, advocating for you every step of the way. Don’t go it alone.

The Takeaway

The bottom line? While completing a PTI program closes that case permanently, the past can still come back to impact a future case if you get arrested again afterwards.

The old charges likely can’t be prosecuted directly. But they may affect things like bail, sentencing, plea deals and diversion eligibility in the new case. It’s not ideal, but it’s the reality.

That said, an experienced criminal defense lawyer can help safeguard your rights using various legal defenses and strategies. So if you find yourself in this situation, don’t panic. Consult a lawyer right away. With proper representation, you can still seek the fairest outcome possible.

The legal system is complicated. But with the right guidance, you can navigate it, even when facing prior charges. Stay strong and know your options. You got this!