Switch to ADA Accessible Website
Orlando Criminal Lawyer

Pretrial Intervention in Florida

Pretrial intervention (sometimes also called pretrial diversion) is a supervisory program similar to probation. It is administered by the State of Florida through the Department of Corrections.  Under certain circumstances, if you are charged with a crime the pretrial intervention (PTI) program offers an opportunity to divert your case from the traditional judicial process of plea or trial and sentence, thereby avoiding a criminal record and jail time.  If you are admitted into and successfully complete a PTI program, the charge against you will be dismissed.

Who is eligible for pretrial intervention?

The purpose of the pretrial intervention program is to provide appropriate counseling, education, supervision, and medical and psychological treatment to certain first-time offenders or offenders with substance abuse problems.  Pretrial intervention is available to a first-time offender, or an individual previously convicted of one nonviolent misdemeanor, who is charged with a misdemeanor or third degree felony.  Admission to a PTI program requires consent from:

  • the prosecutor;
  • the victim; and
  • the judge who presided at the defendant’s preliminary hearing.

Additionally, the statute forbids the defendant or the defendant’s family from contacting the victim or the victim’s family to obtain consent for the defendant’s admission to pretrial intervention.  Finally, before entering PTI a defendant must:

  • consult with an lawyer;
  • voluntarily agree to enter the program; and
  • knowingly and intelligently waive the right to a speedy trial for the duration of the program.

Pretrial substance abuse and treatment intervention is available to an individual who has not been previously convicted of a felony and who is charged with:

  • A nonviolent, nontraffic misdemeanor, if also identified as having a substance abuse issue;
  • A misdemeanor for possession of a controlled substance or drug paraphernalia;
  • Prostitution;
  • Possession of alcohol while under 21 years of age; or
  • Possession of a controlled substance without a valid prescription.

If, however, the prosecutor believes that the defendant was involved in dealing and selling controlled substances, a hearing will be held prior to admitting the defendant to substance abuse and treatment intervention.  If the prosecutor can establish by a preponderance of the evidence that the defendant in fact was dealing controlled substances, the defendant cannot be admitted to the PTI program.

Pretrial intervention also exists for veterans or members of the armed services who are charged with certain felonies and who suffer from military-service related mental illness, traumatic brain injury, substance abuse disorder, or a psychological problem.

Must a defendant plead guilty to enter pretrial intervention?

The particular terms of each judicial district’s pretrial intervention program are set by the state’s lawyer for that district.  Some programs require a defendant to admit guilt or responsibility in order to participate.  The state may be able to use this admission of guilt against a defendant who fails PTI and subsequently faces trial on the criminal charges.

Consult an Orlando Criminal Defense Lawyer

If you have been arrested for a crime in Florida, you need the services of an experienced Florida criminal defense lawyer.  The skilled criminal defense lawyers of The Baez Law Group have successfully represented clients in a wide variety of criminal matters in Orlando, Miami, Tampa, and throughout the state.  Contact us for a consultation about your case today.

  • Facebook
  • Twitter
  • LinkedIn

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab