I Failed PTI, Now What Happens?

If you are given the opportunity to do a Pre-Trial Diversion program, we hope that you will take that opportunity seriously. But we also understand that our clients are human and that there are a variety of reasons why a person might “fail” or be kicked out of their PTI program. The good news is that this is not a worst-case scenario. You still have options if you don’t complete your PTI Program.

When you sign up for PTI, you will be given some specific requirements that you will need to meet in order to complete the program and have your charges dismissed. Each program will have its own set of requirements and expectations. Most programs will allow you some leeway in terms of deadlines or number of attempts before they will terminate your enrollment in the program.

If the PTI Program determines that you have failed to meet its requirements, whether that is due to failed drug tests or absenteeism, it will refer your case back to the court. The courts will then schedule a new bench trial date, which ultimately re-starts the whole process. You still have the option to have a jury trial or to accept a plea, if one is offered. You attorney will, more or less, treat your case as if it’s brand new and work towards the next best possible outcome.

The only Diversion program that this does not apply to is a Conditional Discharge. When you accept a Conditional Discharge, you do so after agreeing in court (or via affidavit) that the failure to complete the requirements in an acceptable time period means that the court will enter your original plea of guilty into the court record.