NJ Municipal Court PTI – Starts on January 4, 2014
Pre-Trial Intervention diversionary treatment is now available to all criminal matters in New Jersey Municipal Court proceedings. But there are certain Municipal Court PTI guidelines that need to be explained before you embark on your diversion from prosecution. To be sure, hire a lawyer first!
I want New Jersey Municipal Court PTI - Plead Guilty 1st!The NJ municipal court system has had diversions from prosecution for a long time. Title 2C, Section 35 and 36 drug or CDS offenses were routinely diverted through the conditional discharge program which allowed a dismissal of first time illegal drug offenses as long as the defendant was drug free, passed all urine tests, and was arrest free for a 6 - 12 months term. There are also fees associated with a New Jersey conditional discharge application which usually total over $800. The NJ superior court system also allows for diversionary treatment from prosecution for certain 3rd and 4th degree indictable or felony matters in the Pre-Trial Intervention or PTI program. 2nd degree indictable matters can be given PTI diversionary status, but the threshold is much higher for admission into same. PTI at the superior court level will result in a dismissal of all charges as long as a defendant meets all conditions for the program. A guilty plea is not a state mandated condition to gain entry into NJ PTI at the superior court level. For years the NJ municipal court system did not have PTI for non-drug offense cases. But that has changed for any offenses which occurred on or after January 4, 2014. Now a municipal court defendant with their first New Jersey disorderly persons or petty disorderly persons charge can apply for diversionary treatment through PTI. Even an indictable charge that gets remanded from NJ superior court to municipal court can be given PTI handling as well. PTI at the municipal court level will result in a dismissal of all charges as long as a defendant meets all conditions for the program. A guilty plea, however is a state mandated condition to gain entry into NJ PTI at the municipal court level, as is sentencing which includes fines and court costs.
What Happens if I Fail Out of NJ Municipal Court PTI?People fail out of the diversionary programs at the New Jersey superior court and municipal court levels all the time. What happens to them? At the superior court level, they can argue for re-entry into PTI, go to trial or negotiate a plea agreement with the most favorable terms available to them. At the municipal court level, if they were granted entry into the conditional discharge program, they may argue for re-entry into the conditional discharge program, go to trial or negotiate a plea agreement with the most favorable terms available to them. But remember that the New Jersey Municipal Court PTI program requires you to plead "Guilty" to gain entry into diversion from prosecution? That means if you fail out of NJ municipal court PTI you are "Guilty" without a trial and your previously ordered sentence is now meted out in full. This is very different from NJ superior court PTI and municipal court Conditional Discharge treatment. So make sure you hire a lawyer before you accept a New Jersey Municipal Court Pre-Trial Intervention Program resolution of your matter. You may be setting yourself up for a bigger problem down the road. If you have been charged with a crime anywhere in New Jersey contact the Law Offices of Thomas Carroll Blauvelt 24/7 at 1-877-676-7729. Speak With a Lawyer Now!