Experienced New Jersey Criminal Defense Lawyers

Protecting Your Rights

Alternative Sentencing in New Jersey

New Jersey criminal law provides programs that allow certain first-time offenders to avoid a criminal conviction. These programs include Pretrial Intervention in Superior Court, Conditional Discharge in Municipal Court, and Drug Court. Alternative sentencing is intended to provide the defendant with rehabilitation, rather than punishment.

Pretrial Intervention

Pretrial Intervention (“PTI”) is New Jersey’s Superior Court alternative sentencing program. Whether you live in Monmouth, Ocean, Middlesex, or any other county in New Jersey, PTI supervisory programs are available. PTI is intended for situations involving third-degree and fourth-degree felony offenses. An experienced criminal defense attorney can attempt to have the prosecutor consent to PTI for a second-degree criminal offense.

In order to be accepted into PTI, the individual must first be accepted by the probation department and then by the prosecutor’s office. If the defendant is rejected by either probation or the prosecutor, a timely appeal must be filed with the Superior Court Judge. PTI involves a period of probation, usually for 12 to 18 months. During probation, the individual must report to their probation officer and follow all court-imposed conditions. In addition to probation, the individual must comply with the community service requirement, which can range from 45 to 120 hours of community service.

Upon successful completion of all of PTI’s requirements, the charges are dismissed. Six months later, the individual can have the record of the arrest removed – or expunged – from their criminal record. If an individual fails to comply with will all of the conditions of PTI, they can be terminated from the program and the original criminal charges are reinstated.

The Pre-Trial Intervention Program is found in N.J.S.A. 2C:43-12. It is available only in the Superior Court for persons charged with indictable criminal offenses. It is ordinarily limited to individuals who have not been previously convicted of crimes. It is not available to persons who have previously been diverted into any supervisory treatment program such as Pre-Trial Intervention or Conditional Discharge or for 1st or 2nd degree crimes.

Application is made through the county probation department. If the probation department approves the application, it is then reviewed by the county prosecutor who can either approve or decline the application. An appeal of a rejection can be made to a Superior Court judge specially assigned to hear these appeals.

The factors which are considered for acceptance into the PTI program are the nature of the offense, the motivation and age of the defendant, the wishes of the victim, the likelihood that the defendant can be helped by proper treatment, the applicant’s prior criminal record, and whether the crime was violent in nature. Drug offenders who demonstrate a willingness to enter treatment are usually considered good candidates for PTI.

Once accepted the prosecutor and the defendant enter into a supervisory treatment agreement. An order is entered by the Court placing the criminal prosecution into an inactive status for up to 3 years. The normal time period is one year.

Upon successful completion of the program and all prescribed treatment the criminal charges are dismissed. Six months after the order of dismissal is entered a petition of expungement can be filed to erase the criminal history of arrest.

Conditional Discharge

Conditional Discharge (“CD”) is New Jersey’s alternative sentencing program at the municipal level. Unlike PTI, which is available for a broad scope of offenses, conditional discharge is only available for drug offenses. Under this program, after court-mandated probation (usually for one year) is completed, the charges are dismissed. Six months later, the individual can have the record of the arrest removed – or expunged – from their criminal record. If an individual fails to successfully complete all of the court-imposed conditions, they can be terminated from the program and then face the original criminal charges.

The Conditional Discharge program is found in N.J.S.A. 2C:36A-1. It applies only to an individual who has not been previously convicted in any state of a drug offense and who has not previously been granted a Conditional Discharge or Pre-Trial Intervention. It is available only with respect to disorderly persons offenses (normally possession of marijuana or drug paraphernalia in the Municipal Courts).

Application for a conditional discharge can be made either after a guilty plea or finding of guilt or before a guilty plea is entered. If it is before a guilty plea is entered, then there is no mandatory suspension of driver’s license. If it is after a finding of guilt then the court must suspend the license for a period of 6 months to 2 years. Once accepted into the program the court may place the individual on a period of supervisory treatment for up to 3 years. The typical term is generally 1 year. The court may require residential drug treatment for up to 6 months or out-patient treatment and drug testing for the period of the supervisory treatment. While no fines are imposed the monetary penalties imposed by the court generally run between $800.00 and $900.00.

Successful completion of the conditional discharge program requires that the individual does not fail any drug tests or get arrested during the period of supervision. Upon completion the criminal case is dismissed and the person does not have any record of a criminal conviction. Six months following the dismissal application can be made to the Superior Court to expunge all records of the arrest and conditional discharge. If a person is terminated unsuccessfully from the conditional discharge program the criminal charges must then be faced.

Drug Court

Drug court programs are also available to some drug offenders in certain New Jersey counties. These programs exist to help drug addicts who have already failed the other rehabilitation programs available to them. These programs could last up to five years. Offenders accepting this alternative sentencing will have to attend treatment sessions, agree to random drug testing, and regularly report to a drug court judge.

For more information on drug court, click here.

Conditional Dismissal

“Conditional Dismissal” is a program for municipal court defendants charged with non-drug related offenses. Under the proposed program, participants would be placed on probation and would be required to pay various fees along with restitution, costs and other assessments. Upon successful completion of probation, however, the judge would dismiss the charge. If the participant failed to comply with the program’s terms, the judge could either enter a conviction or restart the proceedings.

If you or a loved one is facing criminal charges, please contact the experienced New Jersey criminal defense lawyers of the Wolf Law at (732) 741-4448 for a free consultation to determine whether alternative sentencing is an option.

50+ Years of Accumulated Practice

How Wolf Law Can Help

If you're facing criminal charges in New Jersey, Wolf Law PC provides experienced, strategic, and compassionate representation to protect your rights and fight for the best possible outcome. Our firm offers personalized defense in a wide range of criminal matters, including:

Alternative sentencing
Disorderly persons offenses
Juvenile offenses
Possession charges: ecstasy, heroin, marijuana, meth, and paraphernalia
Prescription drug charges
Restraining orders in New Jersey
White collar crimes

Schedule a Free Consultation