If you were placed into the Diversionary Program known as Pretrial Intervention (PTI), you may be eligible to apply for early termination and completion of you supervisory probation. The process of PTI termination in New Jersey requires that a motion be filed and argued in the Superior Court where you were originally placed into the program. Typically, Prosecutors, Probation Officers and Judges will consider a Motion for Pretrial Intervention Termination when the defendant has successfully complied with the terms of their probation. Whether you are seeking a reduction of your PTI from three (3) years to eighteen (18) months or two (2) years to one (1) year, contact an attorney for guidance on the process. If you would like to file a motion for Modification of your PTI Conditions or Termination of your PTI, contact an experienced NJ Pretrial Intervention Lawyer today.
The guidelines for filing a motion to modify the terms of your Pretrial Intervention Program or discharge you from PTI can be found under N.J.S.A. 2C:45-2. Specifically, N.J.S.A. 2C:45-2 states that the court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time. Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the offense unless the defendant has failed:
to fulfill conditions imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in which event the court may order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section; or
to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in which event the court shall order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section.
Notwithstanding any provision in this section to the contrary, any order of the court prohibiting contact with a victim imposed on a defendant convicted of a sex offense shall continue in effect following the termination of probation supervision until further order of the court.
Can I Get Off PTI Early in NJ?
As shown above, you or your attorney can file a Motion with the Court for modification or termination of your Pretrial Diversionary Program. The Court must ensure that you have complied with your conditions under N.J.S.A. 2C:45-1. Specifically N.J.S.A. 2C:45-1 includes the following:
To support his dependents and meet his family responsibilities
To find and continue in gainful employment
To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose
To pursue a prescribed secular course of study or vocational training
To attend or reside in a facility established for the instruction, recreation or residence of persons on probation
To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons
Not to have in his possession any firearm or other dangerous weapon unless granted written permission
To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment
To report as directed to the court or the probation officer, to permit the officer to visit his home, and to answer all reasonable inquiries by the probation officer
To pay a fine;
To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience;
To require the performance of community-related service.
Also, the court, as a condition of its order, shall require the defendant to pay any assessments required under his admission into Pretrial Intervention. So long as you comply with these conditions, you may be eligible to apply for early termination of your PTI.
When Can I Get PTI Expunged in New Jersey?
Assuming you satisfy the requirements of New Jersey expungement laws, you will be able to file for an expungement of your Pretrial Intervention record six (6) months after you have been successfully terminated from the program.
Mt Holly NJ Criminal Attorneys
If you or a loved one were entered into Pretrial Intervention in Burlington County and would like to be successfully removed from the program, please contact a Mt Holly Criminal Lawyer today. Depending upon the circumstances of your underlying charges, your cooperation during probation and your compliance with the court’s requirements, you may be eligible to be successfully removed from PTI early. If you or a family member would like a complimentary consultation with one of our firm attorneys, please do not hesitate to reach out to our Evesham Office at (609) 850-8284. We can be reached day and night for your convenience and the initial consultation is at not cost to you or your family.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.