However, when you complete the PTI program, the charges are dismissed and you will not have a criminal conviction. What if you violate your PTI terms? Failure to comply with the general and specific conditions of PTI can lead to a violation being filed by your probation officer.
If this occurs, usually you will be kicked out of the program and formal prosecution of your case will resume.
The first step in getting into the PTI program is applying. When do you apply? You can apply to the program any time after you are charged but should do so no later than 10 days after your arraignment. The application process is relatively straightforward. This is done at the criminal case management office. You will then be scheduled for a PTI interview, usually with the probation department.
The interviewer will ask background questions regarding your family, education, and employment history. They will also ask you about your actual case. The interviewer will have access to all the police reports in your case. Anything that you say during the PTI interview can generally not be used against you in the prosecution of your case. Initial consultations with our attorneys are always free so do not hesitate to contact us for the assist you need. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Practice Areas.
Diversionary Programs. Diversionary Programs Ocean County Pretrial Intervention, Conditional Discharge and Conditional Dismissal Lawyers New Jersey has adopted three diversionary programs that allow a defendant to avoid prosecution for a criminal offense and they are known as Pretrial Intervention , Conditional Dismissal and Conditional Discharge.
Diversion of a Disorderly Persons Offense At the municipal court level, drug related disorderly persons offenses like possession of 50 grams or less of marijuana marijuana , being under the influence of cds and drug paraphernalia charges , fall under the conditional discharge program. They will ask you about prior history, employment, school, and ultimately the circumstances surrounding your offense.
These statements you make can not be used against you in court. The probation officer will then make a recommendation to the prosecutor and the Judge that you are a good candidate or not a good candidate for the PTI program. If you are rejected by the probation officer, you do have the right to appeal.
It is typically a good idea for your attorney to submit a package in support of your PTI application. This package can include proof of employment, character letters, awards, and anything else that could convince the probation officer and the prosecutor that you are a good candidate for the PTI program.
If the prosecutor recommends you, then you will be admitted into the PTI program. If not, then you have the right to appeal that decision. This is a difficult standard of proof and burden to overcome. In some cases a plea may also be required with your entry into PTI.
For example, for a second degree gun charge, unlawful possession of a weapon , it may be required that you plead guilty before getting into PTI. Thus, if you violate PTI, they have your plea and you will get sentenced on the charge that you pled guilty to.
If an application is denied, the program director or the prosecutor shall precisely state his findings and conclusion which shall include the facts upon which the application is based and the reasons offered for the denial. If the applicant desires to challenge the decision of a program director not to recommend, or of a prosecutor not to consent to, enrollment into a supervisory treatment program, a motion shall be filed before the designated judge or assignment judge authorized pursuant to the rules of court to enter orders.
Supervisory treatment may occur only once with respect to any defendant and any person who has previously received supervisory treatment under section 27 of P. However, supervisory treatment, as provided herein, shall be available to a defendant irrespective of whether the defendant contests his guilt of the charge or charges against him.
Termination of supervisory treatment under this section shall be immediately reported to the assignment judge of the county who shall forward such information to the Administrative Director of the Courts. Appointment of Program Directors; Authorized Referrals. Programs of supervisory treatment and appointment of the program directors require approval by the Supreme Court with the consent of the assignment judge and prosecutor. Referrals of participants from supervisory treatment programs may be to any public or private office or agency, including but not limited to, programs within the probation service of the court, offering counseling or any other social service likely to aid in the rehabilitation of the participant and to deter the commission of other offenses.
The program director shall promptly notify the State Board of Medical Examiners when a State licensed physician or podiatrist has been enrolled in a supervisory treatment program after he has been charged with an offense involving drugs or alcohol.
The terms and duration of the supervisory treatment shall be set forth in writing, signed by the prosecutor and agreed to and signed by the participant.
Payment of the assessment required by section 2 of P. If the participant is represented by counsel, defense counsel shall also sign the agreement. Each order of supervisory treatment shall be filed with the county clerk.
0コメント