Pretrial Intervention Program (PTI) to dismiss NJ criminal

charges for First time offenders

Edited by Kenneth Vercammen from Judiciary Information Sheet

If you have no prior criminal charges I recommended

that my clients apply for PTI Pre Trial Intervention. Please
read
the
details
at
http://www.njlaws.com/pretrial_intervention.html.
We provide our clients with a copy of the Uniform
Defendant Intake form used to interview persons by the
Criminal Division. We advise clients to please read, fill out.
You may wish to fax or bring to my office for review. In
Middlesex County, interviews are held at 14 Kirkpatrick St.,
New Brunswick, NJ 08901. We suggest you call the
Criminal Division first to confirm they have your file ready
732-565-5065.
When you go to be interviewed bring the
Complaint, pay stubs, photo ID, and your entire file in
connection with your matter. You must pay the $75.00
application fee.
In support of your application for PTI the prosecutor
and court will later review any letters or documents that
are submitted to the Court on your behalf. Please type up
and deliver to my office a list of 15 reasons why the
prosecutor should approve PTI within 10 days.
I recommend very strongly that you obtain letters
from relatives or other individuals who know you who
would be willing to write to the Court to indicate that there
should not be incarceration. These letters should set forth
favorable aspects regarding your life and your future. They
should point out some of the good traits that you possess. They
should also feel free to put any other reasons why the prosecutor
should approve PTI. The letter should include your date of birth and

complaint or indictment number. These letters are for your benefit

and these instructions should be followed. These letters of
reference should go to the Criminal Division, which interviewed you
for PTI.
Please bring an extra copy of all letters of reference, pay
stubs and any other documents for the court just in case the court
has lost the copies.
Kenneth Vercammen & Associates Law Office represents people
charged with criminal offenses. We provide representation throughout
New Jersey. Criminal charges can cost you. If convicted, you can face
prison, fines over $10,000, jail, probation over 18 months, and other
penalties. Don't give up! Our Law Office can provide experienced
attorney representation for criminal violations. Our website
www.njlaws.com provides information on criminal cases.
What is the Pretrial Intervention Program (PTI)?
The Pretrial Intervention Program (PTI) provides defendants,
generally first-time offenders, with opportunities for alternatives to the
traditional criminal justice process of ordinary prosecution. PTI seeks to
render early rehabilitative services, when such services can reasonably
be expected to deter future criminal behavior. The PTI program is
based on a rehabilitative model that recognizes that there may be an
apparent causal connection between the offense charged and the
rehabilitative needs of a defendant. Further, the rehabilitative model
emphasizes that social, cultural, and economic conditions often result
in a defendants decision to commit crime. Simply stated, PTI strives to
solve personal problems which tend to result from the conditions that
appear to cause crime, and ultimately, to deter future criminal
behavior by a defendant.
Standardized Pretrial Intervention Program (PTI) Procedures
Directive #14-05 promulgates for statewide use a standard set of
forms for processing Pretrial Intervention Program (PTI) cases through
the Criminal and Probation Divisions of the Superior Court. Since
December 1, 2005, the following language is used, replacing any
corresponding forms now in use in the court vicinages:
What Are the Benefits of the Pretrial Intervention Program (PTI)?

If PTI is successfully completed, there is no record of conviction

and the defendant avoids the stigma of a criminal conviction. Although
no record of a conviction exists, a defendant may want to file for an
expungement to remove any record of the original arrest.
Early intervention allows rehabilitative services to be provided
soon after the alleged offense, in an attempt to correct the behavior
that led to the offense. Some of the costs associated with the formal
court process are eliminated through acceptance into PTI. PTI provides
early resolution of a case, which serves the interests of the victim, the
public and the defendant. PTI reduces the burden on the court and
allows resources to be devoted to more serious criminals.
What are the Conditions for Participation in Pretrial Intervention?
Supervision under the PTI program may run from 12 months to
three years and is provided by the Probation Division. Certain standard
conditions are imposed on those accepted into PTI, such as, random
urine monitoring, and assessments of fees, penalties and fines.
Additional conditions may also be imposed to require the performance
of community service, payment of restitution, and submission to
psychological and/or drug and alcohol evaluations with compliance to
recommended treatment programs. If a defendant successfully
completes all the conditions of PTI, then the original charges are
dismissed on the recommendation of the Criminal Division Manager
with consent by the prosecutor, and there is no record of conviction. If
a defendant does not successfully complete the conditions of PTI, then
the defendant is terminated from the PTI program and the case is
returned to the ordinary course of prosecution.
Who is Eligible for Pretrial Intervention (PTI)?
Any defendant who is charged with an indictable offense may
apply. Admission guidelines stated in the Court Rules set the following
criteria:
Age - PTI is designed for adults. Jurisdiction - Only defendants charged
with indictable offenses in New Jersey may apply. Minor Violations Charges that would likely result in a suspended sentence without
probation or a fine are generally not eligible. Those charged with
ordinance, health code and other similar violations are not eligible.
Prior Record of Convictions - PTI generally excludes defendants who
have been previously convicted. Parolees and Probationers - Generally
excluded without prosecutors consent and considered only after
consultation with parole and probation departments. Defendants

Previously Diverted - Excludes defendants who have previously been

granted a diversionary program or conditional discharge.
How Does One Apply for Pretrial Intervention?
Applications to PTI must be made no later than 28 days after
indictment. There is a $75 non-refundable application fee. In certain
instances, this fee may be waived. The application process includes an
interview with the defendant by a staff member of the Criminal
Division of the Superior Court. A written report is prepared detailing the
decision for admittance or rejection into the PTI program. When a
defendant is accepted into PTI on the recommendation of the Criminal
Division, with the consent of the prosecutor and the defendant, the
judge may postpone all further proceedings against the defendant for a
period not to exceed 36 months. The applicant may appeal a rejection
to the Presiding Judge of the Criminal Division within 10 days of the
rejection.
1. You shall obey all federal, state, and municipal laws and ordinances.
You shall notify your probation officer within 24 hours if you are
arrested or issued a complaint summons in any jurisdiction.
2. You shall report to your probation officer as directed.
3. You shall answer all inquiries by your probation officer truthfully.
4. You shall permit your probation officer to visit your residence or any
other suitable place.
5. You shall promptly report any change of address or residence to your
probation officer.
6. You must obtain permission if you wish to move outside the state.
7. You shall seek and maintain gainful employment, and promptly
notify your probation officer when you
change your place of employment or find yourself out of work.
8. You shall cooperate in any test, treatment and/or counseling deemed
necessary by your probation officer during the PTI period of
postponement.
If the court finds that you have not complied with the conditions
of your PTI Supervision, the Court may modify the conditions of PTI
Supervision, or terminate you from the program. If you are terminated
from PTI Supervision, your charges will be reactivated and criminal
court proceedings will resume.
Failure to comply with the payment requirements may result in
further Court action including termination, attachment of your wages,

filing of a civil judgment, or extension of your PTI Supervision for

purposes of collection.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenneth Vercammen is an Edison, Middlesex County, NJ trial
attorney where he handles Criminal, Municipal Court, and contested
case. He is past of the first attorneys in NJ who passed the exam to
become a Certified Municipal Court Law Attorney and approved by the
Supreme Court on September 30, 2014.
Ken is author of the American Bar Association's new book
Criminal Law Forms and often lectures to trial lawyers. As the Past
Chair of the Municipal Court Section he has served on its board for 10a
years.
He was awarded the Municipal Court Attorney of the Year by both
the NJSBA and Middlesex County Bar Association. He also received the
NJSBA- YLD Service to the Bar Award and the General Practitioner
Attorney of the Year, now Solo Attorney of the Year.
He serves as is the Editor in Chief of the NJ Municipal Court Law
Review.
For nine years he served as the Cranbury Township Prosecutor and
also was a Special Acting Prosecutor in nine different towns. Ken has
successfully handled over one thousand Municipal Court and Superior
Court matters in the past 29 years.
His private practice has devoted a substantial portion of
professional time to the preparation and trial of litigated matters.
Appearing in Courts throughout New Jersey several times each week on
Criminal and Municipal Court trials, civil and contested Probate
hearings. Ken also serves as the Editor of the popular legal website
www.njlaws.com and related blogs. In Law School he was a member of
the Law Review, winner of the ATLA trial competition and top ten in
class.

In his private life he has been a member of the NJ State champion

Raritan Valley Road Runners masters team and is a 4 th degree black
belt.