Alleged first-time offenders in Florida who are charged with a misdemeanor or third-degree felony offense may be eligible for a pretrial intervention (PTI) program. Multiple parties need to approve of a person's participation in a PTI program, including the judge, the state attorney, and—in some cases—the alleged victim of the offense.
Participation in a PTI program can afford an offender with numerous benefits. Successful completion of such programs, however, is very important, as violations of the program terms can lead to criminal charges again being prosecuted and people possibly being subject to the same penalties they once faced for their original underlying criminal offense.Attorney for Pretrial Intervention in Miami-Dade County, FL
If you were arrested for your first misdemeanor or third-degree felony offense in South Florida, it is in your best interest to immediately retain legal counsel for help possibly qualifying for a PTI program. The Hoffman Firm defends clients in numerous communities all over Miami-Dade County, such as Hialeah, Opa-Locka, Miami, North Miami, Aventura, South Miami, Key Biscayne, Coral Gables, and many others.
Evan A. Hoffman is an experienced criminal defense lawyer in Miami who can help you qualify for a PTI program or help you otherwise achieve the most favorable possible resolution to your particular situation.
Call (305) 249-0090 right now to have our attorney review your case and answer all of your legal questions during a free, confidential consultation.
Overview of Pretrial Intervention in North Miami
- Which crimes will make a person ineligible for a PTI program?
- What are the advantages and disadvantages of PTI programs?
- Where can I find more information about pretrial intervention in Miami-Dade County?
Pretrial Intervention Eligibility in Florida
Florida Statute § 948.08 establishes that an alleged first-time offender or a person previously convicted of not more than one nonviolent misdemeanor who is charged with any misdemeanor or third-degree felony is eligible for release to the PTI program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the alleged offender's initial appearance hearing.
An alleged offender must voluntarily agree to such a program and knowingly and intelligently waive his or her right to a speedy trial for the period of his or her diversion. Not all third-degree felony or misdemeanor charges are eligible for the PTI program. Examples of non-qualifying offenses include:
- Any felony of the second degree or higher;
- Any weapon charges;
- Any violent crime;
- Aggravated assault;
- Attempted residential burglary;
- Fleeing to Elude;
- Driving while license suspended (DWLS) or revoked (DWLR);
- Driving under the influence (DUI) of alcoholic beverages or a controlled substance;
- Leaving the scene of an accident;
- Crimes indicative of an organized scheme to defraud;
- Offenses involving vending, forging or counterfeiting private labels;
- Possession of anti-shoplifting control device;
- Restitution owed over $5,000 at time of application;
- Possession of heroin, lysergic acid diethylamide (LSD), methamphetamine, phencyclidine (PCP), or any derivative thereof; or
- Possession of one-half gram or more of cocaine.
Benefits and Consequences of Pretrial Intervention in Miami-Dade County
In many cases, PTI programs provide some very beneficial services for alleged offenders, including possible counseling and treatment. Additionally, successful completion of these programs will result in criminal charges being dismissed.
For many people, avoiding a criminal conviction is in itself enough of an advantage to justify participation in a PTI program. Such factors are not the only determinants for all people though.
For example, individuals who have professional licenses may be adversely affected by the admissions of guilt that are inherent to PTI programs. Even though these signed admissions are not convictions, they can still be used against licensed professionals by certain licensing boards in separate disciplinary measures, thus possibly placing their licenses at risk of suspension or revocation.
Additionally, completion of a PTI program does not mean that the criminal charge disappears from the person's criminal record. In fact, certain PTI agreements specifically prohibit criminal charges from being expunged or dismissed.
Several additional factors need to be considered before agreeing to participate in a PTI program. You will want to discuss every aspect of your case with a criminal defense attorney.
Pretrial Intervention Resources in Florida
Diversion Programs | Miami-Dade State Attorney's Office — On this section of the Miami-Dade State Attorney's Office website, you can learn more about the different diversion programs in the county. Find information about misdemeanor and felony mental health treatment courts, the Back on Track program, and drug court. You can also learn more about the veteran’s treatment court.
Miami-Dade State Attorney's Office
350 NW 12th Ave.
Miami, FL 33136
Community Supervision Overview | Florida Department of Corrections — View a document from the Florida Department of Corrections that provides an overview of different types of community supervision and programs. Learn more about statistics relating to community supervision admissions by year, race, gender, age, county, and kind of offense. Pretrial intervention accounted for roughly 10 percent of total community supervision admissions during the time period of this report.
Were you arrested in Miami-Dade County for your first misdemeanor or third-degree felony offense? You will want to contact The Hoffman Firm as soon as possible for help determining whether you might be eligible for a PTI program.
Miami criminal defense attorney Evan A. Hoffman represents individuals in Miami Beach, Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, Key Biscayne, and several other surrounding areas of South Florida.
You can have our lawyer provide a complete evaluation of your case when you call (305) 249-0090 or submit an online contact form to receive a free initial consultation.