New Jersey law provides diversionary programs that those with pending criminal cases can utilize to avoid a criminal conviction and other penalties they would face if they otherwise pleaded or were convicted. The most common diversionary programs are Pretrial Intervention (“PTI”), Conditional Discharges and Conditional Dismissals.
Those facing indictable (felony) charges in the Superior Court can apply to PTI pursuant to N.J.S.A. 2C:43-12. In order to be eligible to apply, the applicant cannot have previously participated in any diversionary programs (PTI, Conditional Discharge, Conditional Dismissal, Veterans Diversion, other state or federal diversions). New Jersey Court Rule 3:28-1(c). Not every case is eligible for PTI. Applicants with prior indictable convictions, those charged with first and second degree crimes, or those charged with crimes that have periods of parole ineligibility must obtain the prosecutor’s consent to apply. New Jersey Court Rule 3:28-1(d). Applicants who are public officers or employees or who are (in certain cases) alleged to have committed a crime or offense involving domestic violence are presumptively ineligible for admission into PTI. New Jersey Court Rule 3:28-1(e). If accepted into PTI, charges are postponed from one to three years during which time the applicant is placed on probation. New Jersey Court Rule 3:28-5(c). The applicant must comply with the Standard Conditions of PTI, such as not picking up new charges, reporting to probation as directed, maintaining gainful employment and cooperating in any test, treatment and/or counseling. Depending on the nature of the allegations, the applicant may be required to comply with Special Conditions of PTI, such as anger management or drug testing. If the applicant successfully completes the term of PTI, the charges are dismissed. New Jersey Court Rule 3:28-7(b)(1). The applicant is thereafter eligible to have the arrest expunged six months following dismissal. N.J.S.A. 2C:52-6(c)(1). If there is a violation, the term can be extended for compliance or the applicant can be terminated from the program and the original charges can be reinstated. New Jersey Court Rule 3:28-7(b)(3).
If you or someone you know has an criminal matter they can always call me or text me at (732) 558-2019, email me at scott@malawnj.com, or call the office at (732) 750-4600 to schedule an appointment.
Musto & Alevras handles criminal matters in Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County and Warren County.