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Essex County Prosecutor's Office
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PRE-TRIAL INTERVENTION

Pre-Trial Intervention (PTI) is used in certain instances to help defendants who have not committed any other crimes in the past become "rehabilitated" and to establish a good reputation once again. This program is like being on probation without being convicted of a crime. In Essex County, applications by defendants for PTI are reviewed by a paralegal assigned to the Prosecutor's Office PTI Section. The Director of the Section then reviews each file for completeness and PTI appropriateness and makes a recommended disposition to the supervising Executive Assistant Prosecutor. The Executive Assistant Prosecutor is responsible for final decisions on PTI applications. Rejection letters are prepared by the paralegal and reviewed by the Director who also handles PTI appeals at the trial level.

The PTI Section is currently staffed by a Director, two paralegals and two clericals. The unit also handles applications for expungements of criminal records. All petitions for expungement are reviewed by a paralegal, who also obtains all necessary information to verify the statements in the petition. The Director reviews each file as well as the proposed orders.

In order to streamline operations, PTI decisions in cases involving charges of sexual assault, child abuse, arson, and domestic violence are made by the directors of those designated sections. In the past, the directors of these units offered recommendations but the final decision was made by the Director of PTI and the Executive Assistant Prosecutor who supervises PTI matters. If PTI applications are received with inadequate time to make decisions before the next court date, the courts are notified of what has occurred and are requested to grant additional time so that an informed determination can be made.

The Essex County PTI Section assigns a paralegal to perform extensive research, from numerous sources such as municipal courts, the computer system and old archived file cards, to obtain the necessary information in expungement matters. As for significant crime problems, the most prevalent in terms of PTI applications are receiving stolen property (stolen cars) and CDS cases (usually cocaine or heroin, with fewer involving marijuana, and a few involving Ecstasy). Attempts are made to tailor conditions of PTI to the individual applicant to maximize his/her potential for rehabilitation. This involves standard requirements such as obtaining a GED, or attending CDS rehabilitation-as well as, in appropriate cases, requiring a defendant to pay (even non-court-ordered) child support, or meet other obligations.

In 2005, the case volume of the PTI & Expungement Unit remained relatively constant. The volume of PTI applications reviewed (402) was less then in 2004, but the number of expungements filed (639) was higher. These numbers increased to 461 and 667, respectively, for 2006. The charges underlying a substantial number of the applications are more serious and more violent than in previous years. About 30% of applications are rejected.

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