Although Pretrial Intervention is available as a diversionary program that allows first time offenders to avoid a criminal conviction, it has limited application in the context of certain person charges. The primary reason this is the case is because only third degree and fourth degree crimes are eligible for PTI and a certain persons offense is typically a second degree crime. A charge falling under this grade can only be resolved through PTI if the prosecutor consents to admission into the program. You will need prosecutor consent if you have been charged as a certain person because of a prior criminal conviction. If your charge is based on mental incompetence or a previous conviction for a disorderly persons offense for domestic violence, that is, a third degree or fourth degree certain person offense, you are eligible without consent of the prosecutor. For more information on this subject, you can refer to our page on how to obtain PTI in a NJ gun case.
Home Is A Certain Persons Charge Eligible For Pretrial Intervention (“PTI”)?
