The Pre-Trial Intervention (PTI) Program in New Jersey Gun Cases

Illegal Weapons Possession Lawyers with offices in Newark, New Jersey

The Pre-Trial Intervention program in New Jersey (known as “PTI”) is reserved for first time offenders. It is also only typically available on third and fourth degree indictable (felony) level offenses. Most gun charges in New Jersey (except sometimes shotgun, BB or airsoft gun charges) are second degree crimes punishable by 5-10 years in New Jersey State Prison. As a result, it is difficult to gain admission into the PTI program in New Jersey if you are facing an illegal gun charge. However, difficult does not mean impossible. The gun charge defense lawyers at the Tormey Law Firm LLC have been successful in getting numerous clients in PTI despite facing illegal weapons possession offenses throughout New Jersey. Whether or not you can get into PTI depends on the circumstances of your case, the county prosecutor’s office involved, and the specific charges you are facing. Contact our criminal defense lawyers immediately at (201)-614-2474 for a free initial consultation concerning your case. Our office will ensure the best possible outcome for your serious firearms related charges throughout NJ including in Middlesex County, Ocean County, Monmouth County, and Somerset County.

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Posted by Danny F – 5 stars

“The Tormey Law Firm did an incredible job for me. His knowledge of the law is impeccable, a legal genius. His skills and quick thinking saved my ass when I was in a tough jam thinking my case was heading to hell in a hand basket. He is one of a kind and you would be wise to hire him.”

Can I get PTI on a New Jersey Gun Charge?

The answer is yes, in some cases. But it is not easy to do. On a 2nd degree gun charge, you can’t even apply for the PTI program unless the State (the prosecutor) consents to the application. That being said, here are many examples of cases where we successfully got our client into PTI when they were facing a 2nd degree gun charge in NJ:

• South Carolina resident gets PTI for gun charge in NJ
• 3rd degree shotgun charges result in PTI program thanks to Tormey Law Firm 
• Morris County BB gun charges, terroristic threats result in Pre-Trial Intervention (PTI)
• 3rd degree illegal transport of assault firearm result in PTI program in Hudson County NJ
• 2nd degree handgun charges in Parsippany NJ result in PTI
• 2nd degree gun charges Denville NJ result in PTI in Morris County Court
• 2nd degree gun charge and hollow point (hollow nose) bullets result in PTI, no criminal record
• Fort Lee gun charges result in PTI for professional bodyguard thanks to Travis J. Tormey

PTI in New Jersey Weapons Cases: The Application Process

Once you have been charged with an illegal weapons offense in NJ, you will appear in the Superior Court in the county in which you have been charged to resolve the case. Resolving the case could mean a dismissal (if the case is thrown out based on an illegal traffic stop or illegal warrantless search), a plea agreement with the State, admission into the PTI program, or ultimately a trial by jury. Once you appear in Superior Court, if you are a first time offender, you are eligible to make application for the Pre-Trial Intervention program. This program, if you are admitted, will allow the charges to be suspended during a period of probation. The State will require you to comply with certain conditions of probation which could include:

• Remaining arrest free
• Completing community service
• Submitting to a drug/alcohol evaluation and complying with any recommendations of same
• Mental health evaluation
• Attending AA/NA meetings
• Forfeiting the weapon involved
• Passing random drug tests
• Maintaining gainful employment

To apply for PTI, you must submit a $75 application fee. You will be interviewed by the probation department in the county in which you were charged. They will ask you about prior history, employment, school, and ultimately the circumstances surrounding your offense. These statements you make can not be used against you in court.

The probation officer will then make a recommendation to the prosecutor and the Judge that you are a good candidate or not a good candidate for the PTI program. If you are rejected by the probation officer, you do have the right to appeal.

It is typically a good idea for your attorney to submit a package in support of your PTI application. This package can include legal purchase of the weapon, any gun permits you have in any states, proof of employment, character letters, awards, and anything else that could convince the probation officer and the prosecutor that you are a good candidate for the PTI program.

Once you are recommended by the probation department, it is then up to the prosecutor’s office. If the prosecutor recommends you, then you will be admitted into the PTI program. If not, then you have the right to appeal that decision. These appeals are difficult to win though as you must show that the prosecutor/State “abused their discretion” in rejecting your PTI application. This is a difficult standard of proof and burden to overcome.

In some cases a plea may also be required with your entry into PTI. For example, for a second degree gun charge, unlawful possession of a weapon, it may be required that you plead guilty before getting into PTI. This is often referred to as a plea PTI or “pleaTI.” The plea only becomes relevant if the defendant violates PTI. In such cases where the defendant violates the PTI, then he or she is exposed to the maximum fine/penalties associated with the offense. Thus, if you violate PTI, they have your plea and you will get sentenced on the charge that you pled guilty to. A plea can also impact immigration status even though it is not going to be used unless you violate the PTI. It is important, however, that if you are not a United States citizen that you speak with an immigration attorney before you enter a plea.

To successfully do the plea, plea forms must be filled out first. The plea forms advise the defendant of the exposures associated with the plea. For a plea to unlawful possession of a weapon, a defendant would be exposed to $150,000 fine, a $50 Victim’s of Crime Compensation fee and a maximum prison sentence of up to 10 years. The plea forms ensure defendant’s understanding of what he or she is pleading guilty to and to go over any relevant questions you may have with your attorney before entering the plea. Once this step is completed, then you will put your plea on the record with the Judge. At the time of the plea, there will be a factual basis put on the record as well. This means that your attorney may go through a brief summary of the facts of your case with you on the record so that the Judge can accept your plea. The factual basis essentially puts your plea in context of the facts of your case. If the plea successfully goes through on the record, then the next step would be entering you into PTI.

If you are admitted into PTI and you successfully complete the probationary period, the charges are dismissed. This allows you to avoid a felony conviction on your record. The only record that remains is the arrest. There is a (6) six-month waiting period after you complete PTI and then you can file an expungement to have the arrest removed. You are never convicted of a crime. However, the arrest will show up as dismissed until you complete an expungement.

If you complete all of the conditions early, you may then be eligible to file a Motion to Terminate PTI early. If you are in a position to file this Motion, it is generally best to wait about half way through to begin this process. Once you have completed half of the PTI term and all of the standard and special conditions required, a defendant is in a better position to show the Court that you complied with and were amenable to probation.

NOTE: PTI is only available to first-time offenders. In addition, PTI is a one time program. You can only use it once in your lifetime. If you have used PTI, a conditional discharge, or a conditional dismissal in the past, then you are not eligible for it again.

Frequently Asked Questions (FAQ) Regarding PTI for Gun Charges in New Jersey

FAQ: What does PTI stand for? Pre-Trial Intervention (PTI)

FAQ: What is PTI? It is a diversionary program for first time offenders who have never been arrested and convicted of anything in the past and have never used a first offender program in the past such as PTI, a conditional discharge, or conditional dismissal. These programs are only available once in your life so if you have used them in the past you are not eligible again.

FAQ: What happens if I get into PTI? Your charges will be suspended during the period of your probation and dismissed at the end.

FAQ: After PTI is successfully completed will I have anything on my record? Once you complete PTI, the charges are dismissed and you have no criminal record. The only record if of the arrest. You have to wait six (6) months under NJ law and then you can file an expungement to have the arrest removed as well.

Can I get PTI program on my NJ gun charge? Contact Us Today

For more information, contact the firearms defense lawyers at the Tormey Law Firm LLC at (201)-614-2474.