NJ Pretrial Intervention Order of Termination

| by Max Soni

Last Updated on: 27th September 2023, 02:21 am

Pretrial Intervention Order of Termination

In New Jersey, when a defendant completes the requirements of pretrial intervention (PTI) successfully, the court enters an order terminating their participation and dismissing the criminal charges. However, failure to comply with PTI conditions can also result in termination and prosecution of the original charges.

What is Pretrial Intervention in New Jersey?

PTI is a diversion program that allows eligible defendants to avoid criminal conviction by completing a period of court-supervised rehabilitation and restitution [2]. Defendants must meet conditions like staying arrest-free, maintaining employment, completing counseling programs, and paying restitution.

PTI provides early intervention services aimed at deterring future criminal behavior. The charges are held in abeyance during enrollment in PTI.

Successful Completion of PTI

If the defendant complies with all PTI conditions and completes the program satisfactorily, the supervising probation officer submits a final progress report to the prosecutor recommending termination [1].

The prosecutor then files an Order of Termination with the court dismissing all charges against the defendant with prejudice. This seals the defendant’s record related to the offense.

Unsuccessful Termination from PTI

There are two types of unsuccessful PTI terminations [3]:

1. Administrative termination – Defendant violated a material condition of PTI such as failing a drug test, missing appointments, or getting re-arrested.
2. Prosecutor termination – Prosecutor makes motion to terminate defendant from PTI for noncompliance.

In either case, termination reinstates the criminal prosecution. The defendant is then subject to trial and sentencing on the original charges.

Notice and Hearing Requirements

Before PTI can be terminated, due process requires [4]:

• Written notice to the defendant of the reasons for termination
• A summary hearing before the supervising PTI judge
• The defendant has a right to be heard and contest the termination

However, defendants do not have the right to formal trial-like procedures during the hearing. Hearsay evidence may be considered.

Grounds for Contesting Termination

Possible grounds for contesting termination include:

• The violation was minor and does not warrant termination
• The defendant substantially complied with PTI conditions
• Termination violates a previous plea agreement
• The termination decision was arbitrary and unreasonable

However, courts grant significant deference to PTI supervisors on termination decisions.

Appealing PTI Termination

If PTI termination is upheld over the defendant’s objections, they can file an appeal with the Superior Court of New Jersey, Appellate Division [5].

Possible appellate arguments include denial of due process, insufficient evidence of a violation, or abuse of discretion by the PTI judge.

However, appellate courts rarely overturn termination decisions if proper procedures were followed.

Effects of Unsuccessful PTI Termination

If terminated from PTI, the consequences include:

• Original criminal charges are restored
• Prosecution proceeds to trial or plea negotiation
• Any admissions made in PTI can be used against the defendant
• Possibility of harsher sentence than if PTI was completed

Termination also results in a permanent unsuccessful discharge from PTI on the defendant’s record.

Eligibility for Future PTI

An unsuccessful PTI discharge severely damages, but does not permanently preclude, future admission into PTI on new charges [6].

However, prosecutors and courts view prior failure to complete PTI unfavorably when deciding on second PTI applications.

Consult an Attorney Before PTI Termination

Never waive your right to a PTI termination hearing without first discussing your case with an experienced criminal defense attorney. In many cases, skillful advocacy can convince the court to reinstate PTI instead of prosecution.