The purpose of Pretrial Intervention (hereafter referred to as PTI) is to give someone who has never been in trouble before a second chance.
The Prosecutor agrees to Pretrial Intervention.
The State Attorney's Office will only agree to PTI only when the underlying offense was not aggravated nor outrageous. For example, only 3rd degree Felonies are allowed under the system. If someone has been charged with more heinous crime, the charge would first need to be reduced before PTI could successfully be given. Since PTI is administered by the State Attorney's Office, no rationale is required for their decision nor their decision making process, meaning that what they determine can not be appealed to a Court even if it is believed that it is being administered in an unfair manner.
The Victim agrees to Pretrial Intervention
If the case involves a victim, then the victim will be contacted by the State Attorney's Office, which will abide by the victim's wishes in the matter.
The arresting officer agrees to Pretrial Intervention
If during the arrest the officer claims that the Defendant was uncooperative or belligerent, it's unlikely he'll agree to have the charges dismissed which is a requirement of PTI.
The Judge agrees to Pretrial Intervention.
The Court must not oppose the PTI as upon completion of PTI the Judge signs a notice of dismissal.
The terms of PTI must be successfully completed by the Defendant.
The most important term of any PTI is that the Defendant have no further arrests. Beyond that the Defendant may be required to complete relevant classes, drug tests or restitution within a probationary period.
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