What Are Pretrial Intervention Programs?

In the criminal justice system, most people who are charged with crimes are either tried and convicted or offered a plea deal. In general, these people are usually assigned a punishment, such as probation, and are then expected to carry out the terms of the punishment.

In some cases, there is a slightly different step in this process. Pretrial intervention programs are used to turn a criminal punishment into an opportunity. Although these programs are not used in every case, they have become very popular with both courtrooms and defendants. Check out this article to find out why these programs have been so successful.

The Need for an Alternative

Pre-trial Release Program Indiana Posted in Blog, Criminal Law on February 4, 2018 The purpose of bail is to assure that a defendant will appear for court hearings as well as trying to assure public safety all the while balancing the concept that a person is innocent until proven guilty.

1. Pretrial intervention, more commonly known as PTI, is a diversionary program in New Jersey that will allow certain individuals charged with indictable (felony) offenses the ability to be removed from the traditional methods of prosecution and be placed on a probationary period.
2. Because Pre-Trial Intervention Programs are only available for first offenders and non-violent crimes, you must start by meeting this criteria. You then have to be referred to a program by the court, complete an application for the program, provide all information related to your case, and pay $100 in the form of a cashier’s check to the Pre.
3. The program is no longer an option under the current district attorney, Mike Anderson. Pretrial intervention is offered instead. Pretrial Diversion. Your criminal case may be dismissed if you meet all of the conditions of pretrial diversion (also called pretrial intervention). It is available in most instances.
4. 3rd Circuit Court District Pretrial Intervention Forms and Information View and download 3rd Circuit District Attorney's Pretrial Intervention Program forms and instructions, which can lead to dismissed charges for some non-violent felony offenders, for use in in Benton, Calhoun, Chickasaw, Lafayette, Marshall, Tippah, and Union Counties.

The criminal justice system in this country is overloaded, to say the least. For a variety of reasons, more people than ever before are being convicted and sent to jails and prisons. Keeping people in jail, sending them through the court system and hiring more law enforcement have placed a huge burden on the judicial system and the taxpayers.

Pretrial intervention programs are a direct response to this growing problem. They accomplish this goal in several ways:

• Fewer Inmates

Pretrial intervention programs give defendants a greater motive to successfully complete their term of probation. If they follow through on their probation terms, they can move on with their lives and pass out of the system.

If they are not offered this motivation, they may be more likely to violate their probation and be incarcerated. Keeping more people out of jail is good for the public and the court.

• Reduced Recidivism

Having the stain of a criminal record on your file can seriously derail your life. A conviction for even a non-violent offense, such as theft, can make it extremely hard to get a steady job. When a person from a disadvantaged neighborhood can’t get a good-paying job because of a mistake they made as a young adult, they are much more likely to commit an offense to support themselves.

Intervention programs keep records clean so that defendants can make better futures.

• Lower Costs

Trials are expensive. Incarceration is expensive. Assigning public defenders is expensive.

Nearly every aspect of the judicial process costs money. Intervention programs justify their cost by reducing the number of people who must be processed back into the system when they violate probation or commit another crime. These cost savings are extremely lucrative when projected into the future.

How Pretrial Interventions Work

Pretrial interventions, also known as deferred adjudication, are quite similar to standard probation and community supervision. The primary difference is the temporary suspension of prosecution. Here’s how it breaks down:

• Standard/”Straight” Probation

Ordinary probation is a type of punishment that is intended to make a defendant repay the community for his or her crimes without the need for incarceration. In fact, straight probation is a type of diversion program itself because it routes convicted defendants away from jail or prison and back into society where they can benefit their community.

However, standard probation is a punishment that is handed down AFTER a person has been convicted of the offense for which they were charged. As a result, that person still has a conviction on their record, possibly for the rest of their lives. This is true whether or not they successfully complete probation or violate their terms.

If they do violate their terms, however, their probation is forfeited and they will be subject to the entire terms of their original punishment.

• Pretrial Intervention/Deferred Adjudication

These programs delay the prosecution stage and the passing of a sentence to give the defendant a chance to redeem themselves. Typically, non-violent or low-level offenders are given a chance to complete a term of probation rather than being prosecuted and likely convicted of their crime.

If they successfully complete their probation, they may have their initial charge dropped which keeps their record clean of a conviction.

Their probation may not actually be different from standard probation. However, if they violate the terms of their pretrial program, they may be convicted under the terms of their initial CHARGE, not their initial conviction, because they were never actually convicted. This means that they can face up to the maximum punishment allowed by the law for their charge.

Pretrial Diversions

Some states use a type of program called pretrial diversions. In effect, these programs may be virtually identical to pretrial interventions and deferred adjudication programs.

In many cases, these programs differ in name rather than function or details.

When They Are Assigned

Pretrial intervention programs are not available in all cases. They are typically only used in cases where the defendant has no previous criminal record and is charged with committing a non-violent, low-level offense, such as:

• Minor drug possession
• Theft of an inexpensive item
• Assault
• DWI

Pretrial Intervention Program Louisiana

About Author:

Houston defense lawyer Greg Tsioros provides legal advice and aggressive representation for clients charged with misdemeanors and felonies at both the state and federal level. Mr. Tsioros handles criminal defense cases of any stature – from orders of non-disclosure and expunctions to more serious DWI and drug charges. With years of experience as a state prosecutor and as an accomplished Houston criminal defense attorney, Greg Tsioros is prepared to defend you from virtually any criminal accusation. No matter how complicated your particular circumstances may be, Mr. Tsioros will work tirelessly to ensure that your rights are protected and never taken for granted.

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Pretrial Intervention in Leon County, FL?

Pretrial Intervention Program Alabama

We often get questions regarding the Pretrial Intervention program here in Florida. It is also commonly referred to as Pretrial Diversion Program in Florida. People are curious as to how it works, who is eligible, and whether it is a good idea to pursue. The first step if you have any specific questions about your own case is to contact a qualified attorney to assist you. Our Criminal Defense attorneys handle these cases regularly and are prepared to protect your rights. If you have any questions about the possibility entering the Pretrial Intervention for your Florida case, call our office any time at 850/681-7777 to set a free consultation.

In Leon County, and the rest of Florida, pretrial diversion is available for those who are charged with a misdemeanor or a felony in the third degree. There are some other requirements before entering the program:

• Must be a first offender or convicted of no more than one nonviolent misdemeanor
• Must have approval of the administrator of the program
• Must have consent of the victim
• Must have consent of the State Attorney
• Must have approval by the judge who presided over the first appearance

The Pretrial Intervention program is a wonderful tool if an individual defendant qualifies. An experienced defense attorney can negotiate with the State Attorney in order to give you the best chance of getting that approval.

The program itself is structured very similarly to probation, you are given a set of conditions and a term to abide by them. If you successfully complete the program you will be released of it’s conditions. The place where Pretrial Intervention differs from probation is the end result, the charge that you were originally charged with will be dismissed.

The individual conditions vary, and are often tailored to the alleged crime and the individual. The often include fees, reporting, community service, and counseling. Alleged drug offenders have more specific stipulations, outlined in Florida Statutes Section 948.08.

The program allows individuals to avoid the cost, stress and time of a criminal trial. Aside from the trial, as long as you are able to complete the program there is zero chance of a criminal conviction, or the fees and jail time that could come with that. The crime itself does not go on your permanent record either. The arrest will still be there though, and show up in background checks as a dismissal, in order to remove the arrest you will need to have it expunged.

It is very important not to violate the terms of your Pretrial Intervention participation, this will give the prosecuting attorney the opportunity to immediately re-initiate the original charges. If you are found guilty, the sentencing judge will have knowledge of the failure under the program, and could take this into consideration.

This broad overview will not be perfect for all Leon Country and Florida residents who have been charged with a crime, if you need information about your specific case please contact a qualified criminal defense attorney who can help you and outline the best options. Our firm handles hundreds of cases which qualify for Pretrial Intervention under the statutory requirements, and we are prepared to assist you with choosing the best course of action, and negotiating to make sure that course of action is available. Feel free to contact our office any time at 850/681-7777 to set a free consultation with one of our experienced attorneys.

Download Free Pretrial Intervention Programs Online

Learn more in our Leon County Pretrial Diversion FAQ

Download Free Pretrial Intervention Programs

Article by: J Brent Marshall, Pumphrey Law; Law Clerk