Pre-Trial Intervention

• Pre-trial Intervention offers offenders alternatives to prosecution by seeking to rehabilitate certain defendants in criminal cases at the initial stage of the criminal justice process. The reasoning behind this is that the early intervention will punish the defendants without leaving them with a permanent criminal record. PTI recognizes that there may be conditions that push defendants to commit crimes they ordinarily wouldn't. Such factors include economic, cultural and social ones. One of the benefits of PTI is that the program saves some of the money associated with a formal court process. Another benefit is that it provides early resolution to a case, allowing the offender to be rehabilitated more quickly and allowing the court to concentrate on more serious crimes.
  
  

Eligibility for PTI

• Generally, only defendants who do not have a prior criminal conviction are eligible. For example, Section 948.08(2) of the Florida Statutes states that only first offenders and those convicted of not more than one nonviolent misdemeanor are eligible for PTI. Such nonviolent misdemeanors include driving on a suspended license, prostitution, solicitation for purchase of a controlled substance, tampering with evidence and obtaining a prescription by fraud. The offender usually initiates the proceedings for possible acceptance into a PTI program voluntarily by submitting an application to the state's PTI office, which has discretion over the determination of those who are eligible for the program.
  
  

Probation Before Judgment

• Probation before judgment is similar to PTI, with a few distinctions. While PTI seeks to rehabilitate the offender before the trial takes place, probation before judgment seeks to rehabilitate the offender after the trial has taken place and a guilty plea has been entered. However, like PTI, PBJ stops short of sentencing criminals while still punishing them. The defendant enters a plea of guilty or "nolo contendere," and the court defers judgment on the offender while placing him on a period of probation with terms and conditions which the court decides are applicable. At the successful completion of the probation, no conviction will be entered on record.
  
  

Qualifications for PBJ

• Usually, only first-time offenders or those charged with nonviolent offenses are eligible for PBJ. For example, in Delaware, only those who are charged with certain violations or misdemeanor offenses can participate in a PBJ program. The court also has complete discretion in attaching certain terms and conditions which it deems fit. For example, the court may direct the defendant to refrain from contact with certain persons, pay restitution or perform community service.