Services

Pre-Trial Intervention

The following FAQs are offered by the New Jersey state judiciary website. However, contact our law firm for a free consultation in regard to pre-trial intervention.  Obtaining admission into the pre-trial intervention program can be a difficult process.

What Is the Pretrial Intervention Program (PTI)?

The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior.

The PTI program is based on a rehabilitative model that recognizes that there may be an apparent causal connection between the offense charged and the rehabilitative needs of a defendant. Further, the rehabilitative model emphasizes that social, cultural, and economic conditions often result in a defendant’s decision to commit crime.

Simply stated, PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal or disorderly behavior by a defendant.

What Are the Benefits of the Pretrial Intervention Program (PTI)?

• If PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record.
• Early intervention allows rehabilitative services to be provided soon after the alleged offense, in an attempt to correct the behavior that led to the offense.
• Many of the costs associated with the formal court process are eliminated through acceptance into PTI.
• PTI provides early resolution of a case which serves the interests of the victim, the public and the defendant.
• PTI reduces the burden on the court and allows resources to be devoted to more serious criminals.

What Are the Conditions for Participation in Pretrial Intervention?

Supervision under the PTI program may average from one to three years. Certain standard conditions are imposed on those accepted into PTI, such as, random urine monitoring, and assessments for fees, penalties and fines. Additional conditions may also be imposed to require the performance of community service, payment of restitution, and submission to psychological and/or drug and alcohol evaluations with compliance to recommended treatment programs.

If a defendant successfully completes all the conditions of PTI, then the original charges are dismissed and there is no record of conviction. If a defendant does not successfully complete the conditions of PTI, then the defendant is terminated from the PTI program and the case is returned to the trial list.

Who Is Eligible for Pretrial Intervention (PTI)?

Any defendant who is charged with an indictable offense may apply.

*Admission guidelines stated in the Court Rules set the following criteria:

• Age – PTI is designed for adults.
• Residence – PTI is designed for New Jersey residents, but others may apply.
• Jurisdiction – Only defendants charged with criminal or penal offenses in New Jersey criminal or municipal courts.
• Minor Violations – Not eligible if the likely result would be a suspended sentence without probation or a fine.
• Prior Record of Convictions – PTI generally excludes defendants who have been previously convicted.
• Parolees and Probationers – Generally excluded without prosecutor’s consent and considered only after consultation with parole and probation departments.
• Defendants Previously Diverted – Excludes defendants who have previously been granted a diversionary program or conditional discharge.

*The Administrative Office of the Courts, Criminal Practice Division, maintains the State Pretrial Intervention Registry for determining applications, enrollments and the degree of program completion and dismissal of charges, termination of program or rejection of application.

How Does One Apply for Pretrial Intervention?

Applications to PTI should be made as early as possible upon the commencement of proceedings to the Criminal Division Office in the county where the criminal charge is filed, but no later than twenty-eight days after indictment. The application process includes an interview with the defendant by a staff member of the Criminal Division of the Superior Court. A written report is prepared detailing the decision for admittance or rejection into the PTI program. This report is forwarded to the prosecutor and defense counsel.

A defendant is accepted into PTI on the recommendation of the Criminal Division, with the consent of the prosecutor and the defendant. If accepted, the conditions for participation are set forth in the PTI Order and must be followed for the defendant to successfully complete.

If for any reason the defendant is not accepted, the applicant may appeal the decision to the Presiding Judge of the Criminal Division.

Conditional Discharge.

C.2C:43-13.1 Eligibility and application.

1. Eligibility and Application. a. Whenever any defendant who has not been previously
   convicted of any petty disorderly persons offense, disorderly persons offense or crime under
   any law of the United States, this State or any other state, and who has not previously
   participated in conditional discharge under N.J.S.2C:36A-1, supervisory treatment under
   N.J.S.2C:43-12, or conditional dismissal under P.L.2013, c.158 (C.2C:43-13.1 et al.), is
   charged with a petty disorderly offense or disorderly persons offense except as provided in
   subsection b. of this section, the defendant may, after a plea of guilty or a finding of guilt,
   but prior to the entry of a judgment of conviction and with appropriate notice to the
   prosecutor, apply to the court for entry into the conditional dismissal program pursuant to the
   requirements of P.L.2013, c.158 (C.2C:43-13.1 et al.). As a condition of such application,
   the defendant shall submit to the fingerprint identification procedures as provided in
   R.S.53:1-15 before making such application to the court to allow sufficient time for
   verification of the defendant’s criminal history by the prosecutor.
   b. (1) A defendant shall not be eligible for participation in the conditional dismissal
   program if the offense for which the person is charged involved: (a) organized criminal or
   gang activity; (b) a continuing criminal business or enterprise; (c) a breach of the public trust
   by a public officer or employee; (d) domestic violence as defined by subsection a. of section
   3 of P.L.1991, c.261 (C.2C:25-19); (e) an offense against an elderly, disabled or minor
   person; (f) an offense involving driving or operating a motor vehicle while under the
   influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug;
   (g) a violation of animal cruelty laws; or (h) any disorderly persons offense or petty
   disorderly persons offense under chapter 35 or 36 of Title 2C.
   (2) Nothing in this act shall preclude a defendant charged with any disorderly persons
   offense or petty disorderly persons offense under chapter 35 or 36 of Title 2C from applying
   to the court for admission into the conditional discharge program in accordance with
   N.J.S.2C:36A-1.
   c. In addition to the eligibility criteria enumerated in this section, the court shall
   consider the following factors:
   (1) The nature and circumstances of the offense;
   (2) The facts surrounding the commission of the offense;
   (3) The motivation, age, character and attitude of the defendant;
   (4) The desire of the complainant or victim to forego prosecution;
   (5) The needs and interests of the victim and the community;
   (6) The extent to which the defendant’s offense constitutes part of a continuing pattern of
   anti-social behavior;
   (7) Whether the offense is of an assaultive or violent nature, whether in the act itself or in
   the possible injurious consequences of such behavior;
   (8) Whether the applicant’s participation will adversely affect the prosecution of
   codefendants;
   (9) Whether diversion of the defendant from prosecution is consistent with the public
   interest; and
   (10) Any other factors deemed relevant by the court.

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Expungements

The New Jersey law in regard to the expungement of indictable offenses or criminal convictions is covered under New Jersey statute 2C:52-2. The law specifically states:

1. In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if:

the person has been convicted of one crime under the laws of this State, and does not otherwise have any prior or subsequent conviction for another crime, whether within this State or any other jurisdiction; or

the person has been convicted of one crime and less than four disorderly persons or petty disorderly persons offenses under the laws of this State, and does not otherwise have any prior or subsequent conviction for another crime, or any prior or subsequent conviction for another disorderly persons or petty disorderly persons offense such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed three, whether any such crime or offense conviction was within this State or any other jurisdiction; or

the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, all of which are listed in a single judgment of conviction, and does not otherwise have any prior or subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction; or

the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, which crimes or combination of crimes and offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual crime or offense, and the person does not otherwise have any prior or subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction.

The person, if eligible, may present the expungement application after the expiration of a period of six years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later. The term “fine” as used herein and throughout this section means and includes any fine, restitution, and other court-ordered financial assessment imposed by the court as part of the sentence for the conviction, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the conviction for the crime was adjudged, which contains a separate, duly verified petition as provided in N.J.S.2C:52-7 for each conviction sought to be expunged, praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition for each conviction appended to an application shall comply with the requirements set forth in N.J.S.2C:52-1 et seq.

Notwithstanding the provisions concerning the six-year time requirement, if a fine which is currently subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of six years is otherwise satisfied, the person may submit the expungement application and the court may grant an expungement, provided, however, that if expungement is granted under this paragraph, the court shall provide for the continued collection of any outstanding amount owed that is necessary to satisfy the fine or the entry of civil judgment for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1).

Additionally, an application may be filed and presented, and the court may grant an expungement pursuant to this section, although less than six years have expired in accordance with the time requirements when the court finds:

(1) the fine is satisfied but less than six years have expired from the date of satisfaction, and the time requirement of six years is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2) at least five but less than six years have expired from the date of the most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and

the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense or offenses, and the applicant’s character and conduct since the conviction or convictions.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person’s age at the time of the offense or offenses, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

1. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

1. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was less than one ounce;

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was less than five grams; or

(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.

4. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.

As set forth above, an individual will be eligible for an expungement if at least six years has expired from the completion of their sentence and they have not been convicted of more than three disorderly or petty disorderly persons offenses as well as another criminal conviction. If this is the case, the person will be eligible for an expungement.

An expungement means that the individual’s conviction will be deemed sealed and to have not legally occurred. The records that pertain to the offense will be sealed from the general public and will not be available for review except in very limited and specific circumstances. There are obvious benefits to having a record expunged which can include increased access to jobs, housing and other opportunities.

An expungement is completed by the filing of an expungement petition in the Superior Court of New Jersey. Once the expungement is filed, the court will set down a hearing date. The county prosecutors, police, state police and sheriff will all receive notice of the hearing date. They will have an opportunity to object to the expungement. If they do not object, the expungement will likely be granted if it meets all of the legal requirements. If the expungement is granted, a Superior Court Judge will sign the expungement order. Once the order is signed, it must be served on all parties who have records or evidence that relate to the offense. The state police will verify that the statewide records have been expunged by sending a letter at the end of the process.

Motion Practice

Our strategy for defending your municipal matter may include motions for discovery, motions to dismiss and for DWI clients – Holup Motions. Motion practice is governed by the New Jersey Court Rules.

Rule 7:7-2. Motions
(a) How Made. Except as otherwise provided by R. 7:5-2 (motion to suppress),
motions in the municipal court and answers to motions, if any, shall be made orally, unless
the court directs that the motion and answer be in writing. Oral testimony or affidavits in
support of or in opposition to the motion may be required by the court in its discretion.
(b) Hearings. A motion made before trial shall be determined before trial unless the
court, in the interest of justice, directs that it be heard during or after trial.
(c) Effect of Determination of Motion. Except as otherwise provided by R. 7:6-2(c)
(conditional pleas), if a motion is determined adversely to the defendant, the defendant
shall be permitted to plead, if a plea has not already been entered. If a plea has been
entered, the defendant may be permitted to stand trial as soon as the adverse
determination on the motion is made. If an objection or defense specified in R. 7:7-1 is
sustained and is not otherwise remediable, the court shall order the complaint dismissed. If
the court dismisses the complaint and the defendant is held in custody on that complaint,
the court shall order the defendant released.

Testimonials

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April 2, 2019I am so glad that I went with Cindy for my case. She did excellent work. She is very fair and honest and handled my case very well. I had no complains and was satisfied to the full extent with the way she handled my case. I would like to thank her for helping me and handling my case so well.