Criminal Defense Lawyers

Pretrial Intervention Order of Postponement

Pretrial Intervention Order of Postponement

Pretrial Intervention (PTI) is a diversionary program in New Jersey that allows certain defendants to avoid criminal prosecution. Instead of going through the traditional court process, defendants participate in probation-like supervision. At the end of the supervision period, charges are dismissed.

What is a PTI Order of Postponement?

A PTI Order of Postponement is the official court order that postpones prosecution while the defendant participates in PTI. It lays out the specific terms and conditions that the defendant must comply with.

The Order of Postponement confirms that the criminal case is essentially “on hold” while the defendant is in PTI. It provides written confirmation that prosecution is postponed for a set period, usually 6-12 months. As long as the defendant successfully completes PTI, the charges will be dismissed at the end of the postponement period.

When is the Order Issued?

The Order of Postponement is issued after a defendant applies and is accepted into the PTI program. The decision to admit a defendant is made by the Criminal Division Manager in concurrence with the prosecutor.

Once admitted, the court will issue the Order of Postponement. This officially postpones prosecution of the charges while the defendant participates in PTI supervision.

What Does the Order of Postponement Include?

The Order will include:

• Defendant’s name and case information
• Length of the postponement period (usually 6-12 months)
• Conditions of PTI that must be followed
• Consequences for failing to abide by the conditions
• Dismissal of charges upon successful completion

Standard conditions usually include things like:

• Remaining arrest-free
• Submitting to regular probation supervision
• Completing any mandated counseling or treatment programs
• Paying restitution if applicable
• Performing community service if required

The Order serves as a written contract between the defendant and the court. It provides clear expectations that the defendant must meet to avoid prosecution.

Can the Terms be Modified?

The terms of PTI supervision can be modified if necessary. For example, if new conditions need to be added, the probation department can request an amended Order of Postponement.

Any modifications must be approved by the Criminal Division Manager and prosecutor. An amended Order can then be issued by the court.

What Happens if PTI is Not Completed?

If the defendant fails to comply with the conditions in the Order of Postponement, they can be terminated from PTI. Common violations include:

• New arrest for a crime or disorderly persons offense
• Noncompliance with treatment or counseling programs
• Failure to pay restitution
• Failure to perform community service

When a violation occurs, the probation department will notify the court and prosecutor. A hearing may be scheduled to determine if the defendant should be terminated from PTI.

If terminated, the criminal case resumes in the traditional court process. The original charges are restored and prosecution continues.

Successful Completion of PTI

If the defendant successfully completes PTI and satisfies all conditions in the Order of Postponement, the charges are dismissed at the end of the postponement period.

A new court order is issued permanently dismissing the charges and vacating any remaining counts. Once dismissed, the arrest and prosecution are deemed a “non-event” for purposes of expungement.

Expungement of Criminal Records

One of the main benefits of PTI is the ability to expunge the arrest and charges from public record.

After an Order of Dismissal is entered, defendants can immediately pursue expungement of the criminal record related to those charges. The PTI participation and dismissal can be expunged as long as there are no other disqualifiers.

Expungement clears the charges from the defendant’s criminal record. An expunged PTI record should not appear on background checks or public records.

When is PTI Appropriate?

PTI is intended for first-time offenders charged with minor criminal offenses or disorderly persons offenses. It gives them a chance to avoid conviction and clear their record.

Some common PTI-eligible charges include:

• Simple assault
• Possession of a controlled dangerous substance
• Theft
• Forgery
• Bad checks
• Receiving stolen property
• Underage DUI

PTI is only available for indictable offenses and disorderly persons charges. Petty disorderly persons charges are not eligible.

Defendants can apply for PTI pre-indictment, before charges are formally filed. However, the prosecutor must agree to consider a pre-indictment application.

PTI Eligibility Guidelines

New Jersey Court Rule 3:28 and the Attorney General’s PTI Guidelines set forth eligibility criteria. In summary, the following factors are considered:

• Nature of the offense
• Facts of the case
• Motivation and age of defendant
• No prior criminal record
• Defendant’s amenability to correction
• Needs and interests of the victim and society
• Prosecution’s willingness to consent

Defendants are ineligible for PTI if they are:

• Charged with first or second degree crimes
• Charged with violations of public office
• Previously convicted of crime or disorderly persons offense
• Previously discharged from PTI
• Charged with certain mandatory jail offenses

Prosecutors have wide discretion deciding whether to consent to PTI. A judge can order PTI over a prosecutor’s objection only in very limited circumstances.

The PTI Application Process

Those wishing to apply for PTI should consult with a criminal defense attorney to assess eligibility. An experienced attorney can guide defendants through the application process.

Applications are submitted to the Criminal Division Manager in the county where charges are pending. Forms must be completed providing information on employment, education, medical history, prior record, etc.The application is also sent to the prosecutor’s office. They must decide whether to accept the applicant into PTI. If approved, an Order of Postponement is prepared.

If denied by the prosecutor, applicants can file an appeal with the Presiding Judge of the Criminal Division. Appeals are rarely granted however.

Pros and Cons of Pretrial Intervention

PTI offers many benefits but also some drawbacks to consider.

Potential Pros

• Avoid trial and potential conviction
• Charges dismissed upon completion
• No jail time
• Record can be expunged
• Probation rather than incarceration

Potential Cons

• Supervision fees and restitution
• Community service and counseling requirements
• Future denial of PTI if re-arrested
• No guarantee of acceptance

Overall, PTI is an excellent opportunity in appropriate cases to avoid conviction. With the help of an attorney, many defendants are able to take advantage of this diversion program.

Conclusion

New Jersey’s Pretrial Intervention program allows defendants to avoid prosecution through supervised probation. The PTI Order of Postponement officially postpones the criminal case while the defendant completes the program.

Successful completion results in dismissal of charges and the ability to expunge the record. This allows certain first-time offenders to avoid jail time and a permanent criminal conviction.

With the assistance of a knowledgeable criminal defense lawyer, PTI provides an opportunity for a fresh start without a conviction on your record.