Pretrial Intervention Order of Dismissal
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Pretrial Intervention Order of Dismissal
Pretrial intervention (PTI) is a diversion program that provides defendants with an alternative to traditional criminal prosecution. Defendants who are accepted into PTI have their criminal proceedings postponed while they participate in a probationary program. If they successfully complete the program, the charges against them are dismissed.
What is Pretrial Intervention?
Pretrial intervention programs are intended to give first-time offenders or those charged with minor crimes an opportunity to avoid a criminal conviction. PTI allows these defendants to avoid the stigma of a conviction and the collateral consequences that come with having a criminal record.
To be eligible for PTI, defendants must not have any prior indictable convictions. The crime they are charged with also cannot be too severe. For example, violent crimes and sex offenses are often not eligible for PTI. Factors like the defendant’s character, background, and attitude are also considered.
If accepted into PTI, the defendant must comply with the terms of the program, which are similar to probation. Common requirements include:
- Remaining arrest-free
- Avoiding further law violations
- Maintaining employment or being enrolled in school
- Completing community service
- Paying restitution to victims
- Undergoing counseling or treatment
- Staying sober and passing drug tests
The length of PTI varies but often lasts 6-12 months. Defendants meet regularly with a probation officer who monitors their compliance. If they violate the terms, they can be terminated from PTI and prosecuted through normal channels.
Completing PTI and Dismissal of Charges
Defendants who successfully complete PTI have their criminal charges dismissed. This means the charges are essentially dropped as if the defendant was never charged in the first place.After completing PTI, the court will enter an “Order of Dismissal” to formally dismiss the charges. This order eliminates the legal effect of the criminal prosecution. Once dismissed, the charges cannot be brought again in the future.
Dismissal under PTI has several benefits for the defendant:
- No criminal conviction on their record
- Avoid incarceration or other penalties
- Charges will not appear on background checks
- Record can be expunged after an additional waiting period
So while the defendant must comply with PTI requirements, this allows them to avoid a permanent criminal record if they complete the program satisfactorily.
The PTI Dismissal Process
Here is how the dismissal process works after completing PTI:
1. Recommendation for Dismissal
Towards the end of PTI, the program director will review the defendant’s progress and make a recommendation to the prosecutor. If the defendant successfully completed PTI, the recommendation will be to dismiss the charges.
The program director may recommend an extension of PTI in some cases instead of dismissal. This allows more time to comply if the defendant struggled but made progress.
2. Prosecutor Review
The prosecutor reviews the program director’s recommendation and makes their own recommendation on whether dismissal is appropriate. The prosecutor may object to dismissal if they feel the defendant has not fully complied with PTI.
3. Judicial Review and Entry of Dismissal Order
The recommendations go to the judge who makes the final determination on whether to dismiss the charges. If the judge finds the defendant successfully completed PTI, they will enter a written order dismissing the charges.
This order officially dismisses the case and terminates the prosecution. It eliminates the legal effect of the criminal charges as if they were never filed.
4. Record Expungement
After dismissal, the defendant must wait an additional period before they can apply to expunge PTI records. This sealing of records helps remove traces of the dismissed charges.
Consequences of Failing to Complete PTI
If the program director or prosecutor finds the defendant did not successfully complete PTI, they can recommend against dismissal. Reasons charges may not be dismissed after PTI include:
- Failing drug tests or alcohol screens
- Non-compliance with treatment or counseling
- Failure to meet community service requirements
- Rearrest or new criminal charges
- Violent behavior or law violations
If the judge agrees charges should not be dismissed, the case reverts to normal criminal prosecution. The PTI agreement is terminated and prosecution resumes as if the defendant was never enrolled in PTI to begin with.
Finding Legal Help for PTI
Going through PTI and working towards a dismissal of charges is often complicated. An experienced criminal defense attorney can advise defendants at all stages of the process.
A knowledgeable lawyer can help get charges dismissed by:
- Assisting with the PTI application process
- Negotiating with the prosecution on your behalf
- Helping comply with PTI terms and conditions
- Advocating for successful dismissal at the end
Having an attorney ensures your rights are protected so you have the best chance at avoiding a conviction. They will also guide you on record expungement after the charges are dismissed.
Conclusion
Pretrial intervention provides defendants facing criminal prosecution a chance to avoid conviction and incarceration. By completing PTI, individuals can earn a dismissal of the charges against them through good behavior and compliance. This diversion program allows people to avoid the lasting impact of a criminal record. With proper legal guidance, PTI can be an alternative to resolve criminal cases for appropriate defendants.