Lexington Pre-Trial Intervention Attorney

Below, we have answered several common questions concerning PTI:

• Why should I consider PTI for my case? - If you are accepted and complete the PTI program, this will result in a dismissal of your charge and an expungement of your arrest record.
• Why not just plea bargain or pay a fine? - If you enter any criminal plea, even to a fine payment, you will face a permanent criminal record. Depending on your charge, you may also face probation, a jail sentence or driver's license suspension. These are all avoided by PTI.
• If I am innocent should I consider PTI? - It depends. If the prosecutor offers you PTI and you complete the program, it will result in your case being dismissed. This is a guaranteed "best result" outcome. You will not have any risk of a jail sentence or criminal record. A criminal trial always presents some risk of being found guilty and PTI negates that possibility.
• Who is eligible for PTI? - Typically individuals with no or only a very minimal criminal record will qualify. There are no age restrictions, and anyone facing criminal charges in magistrate, municipal, or general sessions courts may qualify. In almost all circumstances individuals are only eligible to go through PTI once.
• Who decides if PTI is an option? - Cases are only referred to PTI upon the recommendation of the prosecutor. The judge has no authority to determine who can or can't receive PTI.
• What charges can be referred to PTI? - Many misdemeanor and felony charges can be resolved through PTI. Eligible charges include criminal domestic violence, burglary, shoplifting, and drug possession. Exceptions to PTI eligibility include DUI and major violent crimes.
• What does PTI involve? - Completion of PTI includes 30-50 hours of community service, a counseling program, passing drug screenings and writing a short report. PTI for criminal domestic violence will include a 26 weeks of domestic abuse counseling.
• What fees are charged for PTI? - The PTI office will charge an initial $100 fee for application into the program. Upon acceptance, there is an additional charge of $250. Further there are at least two drug tests which will cost approximately $30 each.
• How long does PTI take? - On average PTI takes six to nine months to complete from the time you are initially referred by the prosecutor. During this time, you remain on bond and must continue to comply with all bond restrictions and check in procedures required by your bondsman.
• Do I have to enroll or complete PTI? - No. Neither the prosecutor nor the court has the authority to order you or sentence you to PTI. If you decide to enroll in PTI and then change your mind you have a right to leave the program and have your charges returned to court for prosecution.