NJ Pretrial Intervention Order of Postponement

NJ Pretrial Intervention Order of Postponement

If you are accepted into New Jersey’s pretrial intervention program (PTI), the court will issue an order postponing your criminal case while you complete the requirements. This order provides official documentation that prosecution is on hold pending your completion of PTI.

What is an Order of Postponement?

A postponement order pauses the progress of a criminal case for a specific period of time[1]. In the PTI context, it halts prosecution to allow a defendant to complete the intervention program.

The order specifies the conditions and duration of the postponement. It provides written confirmation that the case is essentially “on hold” while the defendant engages in PTI.

Purpose of the PTI Postponement Order

There are several key purposes served by the PTI postponement order[2]:

• It formally postpones prosecution of the charges against the defendant.
• It documents the defendant is participating in PTI.
• It states the conditions the defendant must comply with.
• It establishes a date when the postponement period will end.

So the order provides certainty about the PTI process and what is required of the defendant.

Obtaining the Postponement Order

The process for obtaining a PTI postponement order typically involves[3]:

1. The defendant applies and is approved for PTI.
2. The PTI director drafts an order with input from the prosecutor.
3. The order is submitted to a Superior Court judge for approval.
4. The judge reviews and signs the postponement order.
5. Copies are distributed to the parties.

Defense counsel will want to review the proposed order before submission to ensure accuracy.

Contents of a PTI Postponement Order

A New Jersey PTI postponement order generally includes[1]:

• Case caption with defendant’s name and charges
• Statement that prosecution is postponed
• Duration of the postponement
• Conditions the defendant must comply with
• Consequences if the conditions are violated
• Date the postponement period will end
• Signature of the judge

The order serves as the defendant’s roadmap through PTI and reminder of their obligations.

Duration of the Postponement

New Jersey PTI programs can last from 6 months to 3 years. The postponement order will specify the exact length of time prosecution is deferred for the defendant to complete PTI[4].

This time period may be extended if the defendant needs more time to finish all mandated conditions. The goal is completing PTI prior to the end date.

Conditions Imposed by the Order

The PTI postponement order will list the specific conditions the defendant must abide by. Common PTI conditions include[4]:

• Remaining arrest-free
• Submitting to regular drug testing
• Completing a substance abuse program
• Performing community service
• Paying restitution
• Reporting to a probation officer

Strict compliance with all PTI conditions is required. Otherwise, prosecution of charges may resume.

Consequences for Violating the Order

The postponement order will note potential consequences if the defendant fails to comply, such as[5]:

• Extension of the PTI period
• Stricter conditions being imposed
• Termination from PTI
• Prosecution on the original charges

Knowing these consequences motivates defendants to adhere to the order.

Successful Completion of PTI

Upon expiration of the postponement period, if the defendant has successfully finished PTI, the criminal case is dismissed. The postponement order essentially “times out”[2].

At that point, with no pending charges, the defendant has satisfied their criminal liability through PTI rather than traditional prosecution.

Violation of the Postponement Order

If the defendant violates their PTI order, the court may reinstate prosecution on the original charges. This involves[5]:

• The PTI director preparing a report of the violation(s).
• A hearing scheduled before the judge.
• The judge determining if a violation occurred.
• Potential termination from PTI and resumption of the case.

Documented failure to comply with the order can nullify a defendant’s PTI opportunity.

Right to Contest Violations

If accused of violating the postponement order, the defendant can contest the allegations at the PTI violation hearing. Possible defenses include[6]:

• The violation was not willful or deliberate.
• Mitigating circumstances explain the violation.
• Procedural errors in reporting or documenting violations.
• The defendant cured the violation so no harm done.

Experienced PTI counsel can argue against rescinding postponement and terminating the defendant’s PTI participation.

Modifying the Postponement Order

If difficulties meeting PTI conditions arise, the postponement order can potentially be modified through an amended order. Possible changes include[4]:

• Extending the PTI completion date.
• Adjusting payment amounts or schedules.
• Changing counselor or treatment providers.
• Increasing or decreasing frequency of drug testing.
• Altering community service obligations.

This flexibility helps ensure PTI participants are not set up to fail.

Right to Appeal Termination

If terminated from PTI, the defendant can appeal to the Superior Court. Grounds for appeal include[6]:

• Termination was an abuse of prosecutorial discretion.
• The PTI director exceeded their authority.
• Termination violates the principles of fundamental fairness.

While difficult, appeals may reinstate PTI in appropriate cases.

Consult an Attorney

Navigating New Jersey’s PTI process can be complex for defendants. Having an experienced criminal defense attorney can help ensure you understand your postponement order obligations.

A lawyer can also advocate for you if any order violations or termination issues arise. Don’t go it alone – get legal guidance throughout the PTI process.