What is Pre-Trial Intervention in Florida? Everything you Need to Know
If you have been arrested and are facing criminal charges in Florida, you may be eligible for a pre-trial intervention program. This program is designed to allow first-time offenders the opportunity to avoid a criminal record and is provided through Florida Statutes §948.08 and §948.16. If you successfully complete the requirements of the program, your charges will be dismissed. A skilled criminal defense lawyer can guide you through the complexity of this process to help you decide if this program is best for your particular case.
Eligibility for Pre-Trial Intervention in Florida
To be eligible for pre-trial intervention in Florida, you must:
• Bea first-time offender;
• Be charged with a non-violent crime;
• Not have previously participated in a pre-trial intervention program;
• Most jurisdictions do not offer PTI for individuals arrested for DUI
If you meet these criteria, you may be eligible for pre-trial intervention. However, it is important to note that participation in the program is not guaranteed. The decision to offer pre-trial intervention is up to the prosecutor handling your case. As an experienced criminal defense attorney Rainka Law has successfully negotiated hundreds of cases to PTI and can help guide you through this process.
Requirements of Pre-Trial Intervention in Florida
If you are offered pre-trial intervention, there will be certain requirements that you must meet. These requirements vary on a case-to-case basis, but may include:
• Paying restitution to any victims of your crime
• Completing community service hours
• Attending counseling or anger management classes
• Abstaining from alcohol and drugs
You may also be required to appear at all scheduled court hearings and meet with your probation officer on a regular basis. Failure to comply with any of the requirements of the program can result in your being removed from the program and prosecuted for this crime.
Do I Need a Criminal Defense Attorney for PTI?
As with any criminal charge, it is always important to consult with an experienced criminal defense attorney even if you believe you may be eligible for PTI. This is because many times, even though an individual may be eligible for PTI, the prosecution may not believe them to be a good candidate or simply refuse this option. A criminal defense attorney speaks with the prosecution to advocate on your behalf in order to obtain the best possible results in your case. I have handles plenty of cases where the prosecution did not believe PTI would be a possible alternative, only to have the case diverted to PTI and eventually dismissed.
Is PTI Offered for DUI in Florida?
Most jurisdictions do not offer PTI for individuals arrested for DUI in Florida, however, in some specific jurisdictions, PTI may be a viable option if you have been arrested for DUI in Florida. While PTI may not be available if you have been arrested for DUI in Florida, you may be eligible for reduced charges or others less serious charges.
Is PTI Offered for Felony Charges in Florida?
Yes. Many times, first time offenders arrested for non-violent felonies may still be eligible for PTI in Florida. Felony PTI is much more intensive, expensive, and time-consuming than misdemeanor PTI, however the end result is still the same, dismissal of your felony charges. However there are specific felony charges that are not typically eligible for PTI in Florida. Those felonies include,
How long is the Pre-Trial Intervention Program in Florida?
Typically, the length of most PTI programs in Florida ranges between 6 – 12 months. However, many jurisdictions allow for automatic early termination of the program upon completion of all necessary conditions. This means the faster you are able to complete all of the conditions, the faster you can finish the PTI program.
Is Pre-Trail Intervention in Florida Available for Non-Citizens?
Yes non-citizens and even illegal aliens may still be eligible for PTI in Florida. Non-citizens need to address any criminal case, regardless of the level, with extra precaution. Almost any criminal charge can result in the deportation of non-citizens and illegal aliens. Even participating in PTI in Florida may expose non-citizens to potential deportation even if the criminal case is eventually dropped due to completion of PTI.
Benefits and Drawbacks of Participating in Pre-Trail Intervention in Florida
Benefits
Participating in PTI can keep you out of jail, help you keep your job, get into school, and maintain or improve your immigration status. It can also be much more affordable in the long run rather than litigating each aspect of your arrest.
Drawbacks
A drawback of some PTI programs is that it requires you to admit guilt which can impact your ability to seal or expunge your arrest record in the future. Additionally, if you fail to complete the conditions of your probation or are arrested for another crime while on probation, you will face the original charges plus additional penalties. The prosecutor in your case will use this previous admission of guilt in your case.
When Do I Learn if I am Eligible for Pre-Trial Intervention in Florida?
Typically, the prosecution will inform you whether or not you qualify for PTI at your first court date, or Arraignment. Many times, the prosecution will not offer PTI at your first court, but rather offer to resolve your case for court costs. DO NOT ACCEPTTHIS OFFER. Many people don’t realize that if they accept this offer, they will be pleading guilty or no contest to a criminal charge and this plea may result in a criminal conviction that will remain on your record for the rest of your life. It is absolutely critical you speak with a Jacksonville Criminal Lawyer prior to your first court so you can make an informed decision regarding your case.
What Happens if I Successfully Complete Pre-Trial Intervention in Florida?
If you successfully complete all of the requirements of pre-trial intervention, your charges will be dismissed. You may then request that the records of your arrest and participation in the program be sealed or expunged. Once sealed, these records will not be accessible to the general public. If your record is expunged, the criminal charge will be removed from your record.
If you have been arrested and are facing criminal charges in Florida, pre-trial intervention maybe an option for you. This program allows first time offenders to avoid a criminal record by completing certain requirements such as paying restitution, completing community service hours, attending counseling or anger management classes, and more. If you successfully complete all requirements of the program, your charges will be dismissed. To learn more about pre-trial intervention in Florida and whether or not you may be eligible, speak with our experienced Jacksonville criminal defense attorneys today.
Michael is a dedicated Jacksonville Criminal Defense Attorney and Florida TCPA Attorney who approaches every case with the utmost skill and effort. Michael is exceptionally skilled in the areas of criminal and traffic matters.
