What You Need to Know About Pre-Trial Intervention (PTI)

If you’ve been charged with a criminal offense in summary court (magistrate or municipal) or in General Sessions court, you may be eligible for pre-trial intervention (PTI). PTI is a diversionary program (diversion from prosecution) designed for first time offenders charged with non-violent crimes.

1.  Am I eligible for PTI?

Generally, people with little to no criminal history may qualify for PTI. You have to be at least 17 years old PTI may be an option regardless of whether your charges are pending in municipal, magistrate, or general sessions court. If you have already done PTI in the past, you are not eligible. PTI is a one-shot deal. Once you’ve burned it, you cannot go through the program again for a subsequent arrest/criminal charge.

Here are some of the factors that are considered in determining whether or not someone is eligible for PTI:

• The person must be over the age of 17.
• The person cannot have a significant history of prior arrests or criminal activity, and cannot have any prior General Sessions felony convictions.
• The person must not pose a threat to society.
• The person must be unlikely to be involved in further criminal activity.
• The person must be likely to respond quickly to rehabilitative treatment.
• The person can only participate in PTI once.

2.  What kinds of criminal charges can be referred to PTI?

Most misdemeanor and some felony criminal charges may be resolved through PTI. Drug possession, criminal domestic violence, shoplifting, and simple assault are some examples of the kinds of criminal charges that may be resolved through PTI. If you have been charged with DUI, you are not eligible for PTI.

3.  Who decides if I can go through PTI?

Being eligible for PTI doesn’t automatically mean your case will go through PTI. The prosecutor must refer your case to PTI. If your charge is pending in municipal or magistrate court, and you don’t know who the prosecutor is, you may ask the judge about the possibility of getting your case referred to PTI.

When a victim is involved in your case, a consent form will sent to him/her to be signed and returned to PTI. A recommendation request will also be sent to the arresting officer. The victim and/or arresting officer may object to your participation in the program. But, the prosecutor has the final decision and can still decide to send your case through PTI.

4.  What do I have to do in PTI?

PTI programs generally involve a combination of community service, jail tour, drug screens, meetings, counseling, education, and/or payment of restitution (repayment to the victim, if applicable). Your PTI case manager determines what you are required to do based on what crime you are charged with and your criminal record (if you have one). The program generally lasts a minimum of 90 days, maximum of one year. If you successfully complete all of the requirements of your PTI program, you may be able to have your case dismissed and the record of your arrest destroyed. (If you do not successfully complete PTI, your case gets returned for prosecution).

5.  What if I was charged with a crime here, but I don’t live here?

Out of state residents: You may be able to then complete the program requirements in the area where you live, if you are able to find agencies that provide acceptable, similar services. Or, your case manager may arrange for you to participate long distance.

In state residents: You may request to transfer to a different circuit when you go to your application appointment.

6.  The prosecutor offered me PTI, but I am innocent. Should I agree to PTI anyway?

Remember, you can only go through PTI one time. PTI may or may not be the best resolution for your particular case. An experienced criminal defense attorney can evaluate the strengths and weaknesses of your case and advise you about the pros and cons of going to trial vs. accepting an offer to go through PTI vs. other possible resolutions. If, despite being innocent, the evidence is such that a jury may still find you guilty if you went to trial, you may weigh the risks and decide that going through PTI is a better resolution.   These are big decisions that can have a significant impact on the rest of your life – make sure you have someone experienced in your corner to make sure you understand all of your options.