Criminal Law in Bergen County: Pre-Trial Intervention Program Where the Defendant is Accused of a Second Degree Offense

In assessing an applicant's request to participate in a Pre-Trial Intervention (PTI) Program, the prosecutor may consider the nature of the charge made against the applicant. While the prosecutor can not deny admission solely on the basis of the crime asserted against the applicant, there are  circumstances,  however, when a denial of a PTI application can be based solely on the nature of the crime.  

In this regard,  it has been said that there is a presumption against admission into the PTI program if the accused is charged with a second degree offense. This presumption against admission into PTI is also applicable to: (1) third degree school zone cases; (2) organized criminal activity; (3) continuing criminal enterprise; (4)  crimes of violence or threats of violence; (5) and a breach of the public trust. The rule is not absolute, however.  The presumption can be overcome with "compelling reasons"  that establish "truly extraordinary and unanticipated circumstances."