Highly Experienced Pretrial Intervention Lawyers In Our Mount Holly Office Are Available To Assist You Immediately In A Free Initial Consultation
New Jersey has adopted several diversion programs that allow a first-time criminal offender to avoid prosecution. Pretrial Intervention (“PTI”) is the program that applies when someone is facing an indictable crime at the Burlington County Superior Court. If you were charged with a criminal offense and are interested in applying for PTI, it is very important that you speak to a Burlington County criminal attorney who is knowledgeable in this area of law since Pretrial Intervention has stringent guidelines for both admission and completion. You certainly want to take advantage of the opportunity to dismiss a charge for aggravated assault, burglary, possession cocaine, distribution of marijuana or another third-degree crime (or worse).
We are the Law Offices of Jonathan F. Marshall, a powerhouse defense firm with an office just across the street from the county courthouse in Mt. Holly, New Jersey. More importantly, our team has a record of success in securing PTI in Burlington County and qualifications that include:
- Over 200 years of experience helping clients obtain Pretrial Intervention
- Ten lawyers that limit their practices exclusively to criminal defense
- Former county prosecutors that have served as Director of Pretrial Intervention, Major Crimes, Domestic Violence, Drug Task Force, Special Operations, Guns Task Force and even an entire Trial Division
- Certified criminal trial attorneys on staff
There certainly is no doubting the unique nature of what we can bring to the table to assist you in obtaining relief through Pretrial Intervention. To speak to an attorney about the program and how we can make it work for you, call our Mount Holly Office at 609-491-2110 for a free consultation.
The Law Offices of Jonathan F. Marshall, 217 High Street, Suite 201, Mount Holly NJ 08060, helps clients obtain Pretrial Intervention who have been arrested throughout Burlington County, including Evesham, Pemberton, Bordertown, Burlington Township, Medford, Delran, Mount Laurel, Willingboro, Moorestown, Burlington Township, Maple Shade, Florence, Cinnaminson, Lumberton and elsewhere.
Who Is Eligible for Pretrial Intervention?
N.J.S.A. 2C:43-12 outlines eligibility for PTI and stresses that it generally “limited to persons who have not previously been convicted of any criminal offense under the laws of New Jersey, or under any criminal law of the United States”. New Jersey Court Rule 3:28-1 also provides that an individual is ineligible if previously enrolled in this program, conditional discharge, or conditional dismissal. The net effect of these restrictions is that someone generally cannot have a criminal record or have previously been granted a diversion if they want to gain admission into Pretrial Intervention.
Are There Some Criminal Offenses That Cannot Be Resolved Through PTI?
Yes. A crime of the second degree or first degree is ineligible for Pretrial Intervention without the consent of the prosecutor. There is also a presumption against admission for charges: (1) involving domestic violence; or (2) touching or involving public employment.
Can Someone Be Denied Pretrial Intervention Even Though They Are Eligible?
Absolutely. The prosecutor can object to admission into the program and this decision can be if it was arbitrary. This is a challenging burden to overcome, so it is crucial to present the most persuasive application. Enlisting the assistance of an accomplished lawyer in PTI applications is undoubtedly a huge help.
What Is Required In Order to Complete PTI?
Individuals must complete a period of supervision, commonly referred to as Pretrial Intervention Probation. If you live in the county, your supervision will be by the Burlington County Probation Department. You will have to remain arrest-free, report to probation as directed, remaining drug-free, and submit to random testing and immediately report a change of address or a new arrest. The term of this probation is typically one year, although it can longer.
Will I Avoid A Criminal Record If I Complete the Program?
Yes. Successful completion of Pretrial Intervention results in a dismissal of the original criminal charge. You will have no conviction on your record as long as you complete the program successfully.
What Happens If I Violate A Condition of Probation While On Pretrial Intervention?
The Burlington County Probation Department will issue a violation of your probation if you fail to report, submit a dirty urine test, are arrested or otherwise violate the terms of PTI. You will have a violation hearing to determine whether you committed the violation and should be terminated from the program. The original criminal charge is reinstated if the termination is upheld.
Can I Obtain PTI in Burlington County Even Though The Prosecutor Tried To Detain Me?
Yes. It is irrelevant that the Burlington County Prosecutor’s Office filed a detention motion against you. If you are eligible for the program, are cleared by probation and are not rejected by the prosecutor, you can obtain this relief irrespective of what transpired at your initial appearance.
Mount Holly Pretrial Intervention Attorney
The opportunity to divert a Burlington County criminal case shouldn’t be wasted. Rarely does someone charged with a felony like possession of child pornography, terroristic threats, unlawful possession of a weapon, or another serious offense have the chance to avoid both a conviction and penalties. If you were charged with a fourth, third or second-degree crime in Burlington County and would like to discuss how we can help you secure PTI, call our Mt. Holly Criminal Firm to speak to a criminal defense lawyer now. Attorneys are available for free consultations 24/7 at 609-491-2110.