NJ Standard Conditions of Pretrial Intervention

NJ Standard Conditions of Pretrial Intervention

Pretrial intervention (PTI) is a diversion program in New Jersey that allows defendants to avoid criminal conviction. Instead of going to trial, you complete a period of supervision similar to probation.

You must be accepted into PTI by the prosecutor’s office and ordered into the program by a judge. Entry is at their discretion – there is no automatic right to participate.

If you’re granted PTI, you’ll have to comply with standard conditions set by the courts. Here’s an overview of what to expect.

Avoiding New Offenses

The most basic requirement of PTI is avoiding any new arrests or offenses. Under Standard Condition #1, you cannot commit any crimes or disorderly persons offenses during your supervision.

Even a minor municipal violation could be considered a breach and get you terminated from the program. You must maintain lawful behavior at all times.

Reporting to Probation

While in PTI, you’ll be supervised by probation officers. Standard Condition #3 requires reporting as directed and following all probation instructions.

This includes keeping appointments, submitting reports as requested, and always being truthful and cooperative with probation staff.

Weapons Ban

You cannot possess any firearms or other weapons while in PTI under Standard Condition #4. This includes items like guns, knives, pepper spray, brass knuckles, etc.

Probation officers will search your home, car, and person to enforce this rule. Never have any prohibited items in your possession.

Leaving New Jersey

During PTI, you must get permission from your probation officer before leaving New Jersey for any reason under Standard Condition #5.

Whether it’s vacation, work, or just a day trip, you have to get approval first. Unauthorized out-of-state travel is grounds for termination.

Fines and Restitution

You’ll likely have fines, penalties, and restitution to pay as part of your PTI requirements under Standard Condition #6. This compensates victims and the court system.

You must make payments as scheduled. Failing to pay PTI financial obligations could get you kicked out of the program.

No Contact with Victims or Co-Defendants

Standard Condition #7 prohibits contact with any victims or co-defendants from your case while in PTI.

This is to prevent intimidation or further crimes. Even indirect contact through social media, phone calls, letters, or third parties is barred.

Drug and Alcohol Testing

You’ll be subject to random drug and alcohol testing under Standard Condition #8. Probation officers can test you anytime with little notice.

Refusing a test or failing with a positive result could lead to PTI termination and criminal prosecution on your original charges.

Treatment and Evaluations

PTI often requires completing treatment, counseling, and evaluations as directed under Standard Condition #9.

This includes things like substance abuse treatment, anger management classes, psychological exams, or other programs. You must participate and complete all assigned terms.

No Police Contact

You cannot initiate any contact with law enforcement personnel while in PTI per Standard Condition #11.

This prevents any perceived harassment or intimidation. If police contact you, be polite and cooperate, but do not engage them otherwise.

Driver’s License Suspension

For driving-related offenses, your license will be suspended for at least 6 months under Standard Condition #12.

You cannot drive at all during the suspension term. This applies to DUIs, reckless driving, leaving the scene of an accident, and other motor vehicle crimes.

Termination from PTI

If you fail to comply perfectly with all standard conditions and supplemental requirements, you can be terminated from PTI under Standard Condition #13.

The prosecutor will then resume prosecution on your original criminal charges. Your only option at that point is defending against the charges at trial.

Other Possible Conditions

In addition to the standard PTI rules, the court may order discretionary conditions like:

• Curfews
• Geographic restrictions
• Community service
• Employment or education requirements
• Mandatory AA or NA meeting attendance
• Electronic monitoring

Your lawyer can negotiate the terms, but you must comply with whatever makes it into the final PTI order.

Finding the Right Lawyer

The rules and supervision involved in PTI are no joke. Having an experienced criminal defense attorney represent you throughout the process is critical.

They can advocate to get you into PTI when appropriate and negotiate the least restrictive conditions. Your lawyer can also defend against any alleged violations and prevent termination.

Don’t leave your future to chance. Get expert legal help applying for and completing PTI in New Jersey.

Frequently Asked Questions

How long does PTI supervision last?

PTI terms are typically 6-12 months but can extend to 3 years for more serious crimes.

Can I leave the state while in PTI?

Only with advance permission from your probation officer for each specific trip.

What happens if I violate PTI rules?

You will likely be terminated and prosecuted on original charges. There is very little leeway.

Can PTI conditions be modified?

Yes, your attorney can file motions asking the court to amend conditions in limited cases.

Do I have to tell employers about PTI?

No, PTI is confidential pre-conviction diversion, so you don’t have to disclose it.