You got caught up in some legal trouble, and now you’re wondering if there’s a way out. The fear of jail time is real, but you’ll be happy to know that first-time offenders may have a viable alternative through Florida’s pre-trial intervention (PTI) program. By opting for this program, individuals can potentially have charges dismissed upon completion (the record is still visible in background checks) and begin rebuilding their lives on solid ground.
This “free pass” isn’t handed out to just anyone, however; pre-trial intervention programs are usually reserved for those who’ve made a one-time mistake and can meet specific requirements. But if you do qualify, it can be a real lifesaver.
Eligible defendants can avoid a criminal conviction and get a fresh start by completing specific court-mandated conditions. The program is designed for non-violent offenders and aims to reduce the burden on the criminal justice system while providing an opportunity for rehabilitation.
Who is Eligible for the Pre-Trial Intervention Program in Florida?
Eligibility for the pre-trial intervention program in Florida is determined by the State Attorney’s Office (SAO). According to Florida Statutes § 948.08(2), to qualify, defendants must typically be first-time offenders charged with a non-violent misdemeanor or third-degree felony.
Also, the offender will need the approval of the PTI program’s administrator, the victim’s consent, the State Attorney’s Office’s consent, and approval from the presiding judge of their case. Additionally, they must admit guilt and be willing to complete the program’s requirements, which may include community service, restitution, and counseling (and possibly more).
Eligibility for Misdemeanor Pre-Trial Intervention
Most non-violent misdemeanors are eligible for the misdemeanor pre-trial intervention program. Examples of eligible misdemeanors include petty crimes like shoplifting, trespassing, and disorderly conduct. However, some misdemeanors, such as domestic violence or DUI, may be excluded from the program.
Eligibility ultimately depends on the specific circumstances of each case and the discretion of the Florida Department of Corrections (FDOC).
Eligibility Criteria for Felony PTI
Eligibility for the felony PTI program in Florida is more restrictive. Generally, only third-degree felonies (i.e., grand theft, burglary of an unoccupied structure, possession of controlled substances, or forgery) may be eligible, and defendants must not have any prior felony convictions or participation in a PTI program.
Disqualifying Factors for the PTI Program
Certain offenses are typically ineligible for the PTI program, regardless of their classification as a misdemeanor or felony. Crimes that involve violence, weapons, organized crime, or sexual misconduct can be a major red flag. If a defendant has a history of violent crime or a string of criminal convictions, they may be disqualified from the program altogether.
How Does the Pre-Trial Intervention Program Work in Florida?
The PTI program in Florida usually involves a supervised agreement between the defendant and the court, typically lasting between 12-18 months.
During this time, participants must comply with the conditions outlined in their agreement, which may include regular check-ins with a probation officer, drug tests, paying fees, community service, and completion of required rehab or counseling sessions.
Application Process for the PTI Program
To be considered for the pre-trial intervention program, applicants must submit their application to the State Attorney’s Office, where a thorough review will determine their eligibility.
Discuss your case with a criminal defense attorney like Mike G Law to understand the likelihood of being accepted into the PTI program. Mike G will initiate contact with the State Attorney’s Office to discuss your eligibility and express your interest in the PTI program.
The State Attorney’s Office will review your application. Qualifying offenders are presented to the court. You will meet with your supervising officer, who will go over the conditions of the PTI program.
A signed contract outlining the program’s terms and conditions is a requirement for those who are accepted. This rigorous journey may be challenging, but may ultimately lead to a more promising future.
What are the Requirements of the Pre-Trial Intervention Program?
Participants must comply with a set of negotiated conditions outlined in their agreement with the court, which may include the following:
Completing Community Service Hours
Many pre-trial intervention agreements require participants to complete a specified number of community service hours as a condition of the program. The number of hours required may vary depending on the nature of the offense and the individual’s circumstances but could range anywhere from 50 to 100 hours.
Paying Fines and Restitution
As part of their agreement, participants may be required to pay fines, court costs, and restitution to victims. The amount of fines and restitution will depend on the specific criminal offense and the extent of any damages or losses incurred by victims. Payment plans may be available for those who demonstrate financial hardship.
Submitting to Random Drug Tests
For offenses involving drugs or alcohol, participants may be required to submit to random drug tests throughout the duration of the program. To verify compliance with the program’s guidelines, individuals undergo regular assessments that also help them stay accountable on their path to maintaining sobriety.
Attending Classes or Counseling
Depending on the nature of the offense, participants may be required to attend educational classes, counseling sessions, or rehabilitation programs to help change their ways.
For instance, anger management classes, substance abuse treatment programs, and victim impact panels can be part of the rehabilitation process. These programs focus on identifying and addressing the underlying causes of criminal behavior, providing people with the skills and knowledge to make better choices in the future.
How a Criminal Defense Attorney Like Mike G Law Can Help
While it is possible to apply for Florida’s PTI program yourself, working with an experienced criminal defense attorney like Mike G Law may significantly improve your chances of being accepted.
An experienced criminal defense lawyer can help with:
- Determining eligibility for the PTI program
- Advocating and negotiating for your acceptance and program requirements
- Assisting with and troubleshooting the application process
- Protecting your interests in court
If you’re facing a tough legal battle, a seasoned attorney can be your strongest ally. They’ll expertly guide you through the application process, ensure your voice is heard by authorities, and vigorously protect your rights. Mike G Law has years of experience and relationships with the courts and law enforcement systems, which could help move your application through the process more smoothly.
What Happens if You Successfully Complete the Pretrial Intervention Program?
Upon successful completion of the PTI pre-trial intervention program, the SAO will dismiss, allowing them to avoid a criminal conviction.
If you don’t comply with the program’s rules, you risk being kicked out and facing criminal charges all over again.
Benefits of Completing the Pre-Trial Intervention Program
Participants in Florida have the chance to reap significant rewards by completing a PTI program, including the possibility of sidestepping a criminal conviction and avoiding jail time and probation.
A fresh start awaits those who keep their record clean. With a clean slate, you could have an easier time finding a job, a place to call home, and access to quality education.
Dismissal of Criminal Charges and Avoiding a Conviction
The primary benefit of successfully completing the pre-trial intervention program is the dismissal of the criminal charges. When a case is closed, it means the defendant is off the hook—there will be no more prosecution for that particular offense. However, the arrest record remains on the books unless the defendant takes action to seal or expunge it.
Sealing or Expunging Your Criminal Record
Participants also may be eligible to have their arrest record sealed or expunged.
Sealing a record means that it is no longer publicly accessible, while expungement involves the physical destruction of the prior criminal record itself. The process for sealing or expunging a record varies by jurisdiction, and not all offenses are eligible. A criminal defense attorney can help determine eligibility and guide defendants through the process.
Call Mike G Law to Guide Your PTI Process
The pre-trial intervention program in Florida can be a valuable tool for those who have made a mistake and are looking for a second chance. A clean criminal record can also open doors when you’re looking for housing, getting hired for a job, applying for professional licenses, or seeking admission to educational programs.
If you’re staring down the barrel of criminal charges, don’t give up hope just yet. The pre-trial intervention program might be your ticket to starting anew. Call Mike G Law today for a free consultation to find out if you might qualify for the program and your next steps.