Pretrial Intervention (PTI) in New Jersey: Who Qualifies and How to Apply

Who may be eligible

PTI is generally for people without prior convictions who have not used PTI or a similar diversion program before. People who previously completed conditional discharge or conditional dismissal are generally not eligible. If you are charged with a crime that carries a presumption of prison or a mandatory minimum (which includes first- and second-degree crimes), or you have a prior indictable conviction, the prosecutor must consent before the application is even considered, and you must attach a statement of compelling reasons (R. 3:28-1(d); see the court's PTI application). Some domestic violence charges and charges against public employees tied to their job carry a statutory presumption against admission (N.J.S.A. 2C:43-12(b)(2)).

How to apply

• Get the application from the Criminal Division or from NJ Courts
• File it with the Criminal Division in the county where you were charged
• Pay the non-refundable application fee listed on the court's PTI materials, or ask for a waiver if you cannot afford it
• Apply early: under Rule 3:28-2, the application is due as early as possible and no later than the Initial Case Disposition Conference, unless there is good cause or the prosecutor consents
• Keep going to every court date while the application is pending

During and after PTI

Conditions can include reporting to a probation officer, counseling or treatment, community service, and restitution. Some charges require a guilty plea as a condition of admission. If you complete PTI, the charges are dismissed. If you are terminated, prosecution resumes. A dismissed PTI case can later be expunged; see expungement.

If the application is rejected

A rejection can be challenged by motion to the court, and the deadline is short. Talk with a lawyer immediately.