There are basic eligibility requirements for Middlesex County Pretrial Intervention, also referred to as PTI. First and foremost, you can only secure a diversion in New Jersey one time so you are ineligible for this program if you already had Conditional Discharge, Conditional Dismissal, or Pretrial Intervention. All of these diversionary programs are a one-shot deal where the use of any one of the programs eliminates eligibility for all in the future.
Secondly, eligibility for PTI is limited to fourth-degree and third-degree crimes. The only way a more serious violation, for example, a second-degree crime can be eligible for Pretrial Intervention is as the result of prosecutor consent.
Third, an applicant is ineligible for Pretrial Intervention in Middlesex County if the crime he or she is facing carries a presumption of incarceration or a mandatory minimum period of parole ineligibility. The classic example of where this can come into play is Graves Act charges. NJ criminal law prohibits PTI for an offense that is subject to parole ineligibility.
The fourth main reason why someone lacks eligibility for PTI is that they have a previous conviction for an indictable crime.
The best opportunity to ensure you obtain Pretrial Intervention is to hire a criminal defense lawyer with considerable experience in this realm and a strong connection with the Middlesex County court system. This is exactly what the lawyers at our firm can afford you.
