Pre-Trial Intervention Program (PTI) – (Part 2)

by | Feb 7, 2016 | Blog, Criminal Law, News

PTI appeals shall be brought within 10 days after receipt of the rejection notice. R. 3:28, Guideline 6. The time limits for processing P.T.I. applications are designed to facilitate speedy trials and to enable the complete processing of a defendant’s application before the pretrial conference. R. 3:28, Official Comment to Guideline 6.

It would be an injustice to deny an applicant PTI due to his prior attorney’s refusal to bring the instant appeal. See State v. Marrero, 155 N.J. Super. 567 (App. Div. 1978)(holding that an applicant should not be deprived of PTI admission for reasons of counsel’s technical errors). Moreover, PTI Guideline 6 is designed to protect an applicant’s speedy trial rights and the interests of all parties in reaching a PTI decision before the pretrial conference. Since PTI Guideline 6 is designed to protect the applicant’s rights, it would be counterproductive to use the guideline to deny him PTI.

Therefore, when faced with a time bar, it makes sense for an applicant to waive any speedy trial claim relating to the delay in prosecuting the PTI appeal. It should also be noted that a PTI appeal rarely results in a delay of the the ultimate disposition of a case. In fact, a PTI appeal will often contribute to the efficient disposition of the case since it may convince the PTI Director, Prosecutor, and/or the Court to allow entry into PTI and thereby avoid additional motion practice, status conferences, and a possible trial.

Since a final PTI decision will be made well in advance of any pretrial conference, deciding an appeal on the merits does not infringe upon the rights of any party. The bases for the “ten days to appeal” guideline are almost always inapplicable, and the interests of justice would most often be served by deciding the appeal on the merits. Lastly, N.J.S.A. 2C:43-12(e) calls for defendants to be referred to the PTI program “at any time prior to trial.” This statutory provision controls over the Court Rules. State v. T.A.B., 228 N.J. Super. 572, 575-576 (Law Div. 1988).

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Highly professional The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
Ca
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
Bryan B
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is very responsive, courteous, and he really knows what he's doing. I highly recommend Fred.
Kenneth L
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Spot on, 100%
Earl M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great lawyer. Got the best results for me. Very responsive!
Kathleen S