Many people make mistakes, and even one simple mistake can create a lot of difficulties for a person’s future. Rather than focus on traditional prosecution and punishment, pretrial intervention may be better.
How does pretrial intervention work, and can it help prevent repeat offenders?
Pretrial intervention vs traditional prosecution
Pretrial intervention(PTI) is a program that focuses on rehabilitation. Instead of moving forward with a court case, the individual may go through counseling, education programs or community service. These options are the alternative to punishing a person for their wrongdoing through fines, probation or incarceration. PTI attempts to address the underlying issues that contributed to the criminal behavior such as substance abuse or mental health issues.
Conversely, traditional prosecution involves formal court proceedings that last months, causing significant financial and emotional stress. If convicted, the individual will be penalized with fines and possible incarceration. Afterwards, the consequences of having a criminal record can last a lifetime.
Furthermore, the traditional approach doesn’t address the underlying issues that may have led the individual to commit the crime. Several studies have shown that PTI reduces recidivism rates compared to persecution and punishment.
Not all offenders or crimes are eligible for PTI. Here are some of the key criteria that determine eligibility:
- The individual is a first-time offender
- It was a non-violent crime, such as drug possession, theft and certain types of fraud
- A public official or former official didn’t commit the crime, and the crime didn’t violate public trust
- The crime isn’t related to state or national security
In addition, participants in PTI must agree that they will adhere to the program requirements. Upon completion, the charges may be reduced or dismissed.
The prosecuting attorney typically decides whether to offer PTI. They will consider factors such as the defendant’s age, mental health, mitigating circumstances and willingness to participate in a diversion program. Therefore, working with someone who can explain your options and present a compelling narrative on your behalf is essential.
