DIVERSION

PTD, PTI, and Drug Court

Diversion or a deferred prosecution agreement can have different names and requirements depending on the county and whether it is a misdemeanor or a felony charge. Regardless, these types of programs are usually reserved for a people that has never been in trouble in the past or have only had limited run-ins with the law. Typically you can only participate in the program once in your life time and only certain types of charges are eligible. Just because you are eligible doesn't mean your case is automatically accepted into diversion.  Usually the prosecutor and any alleged "victim" must agree to allow you to enter the program.

If your case is accepted into diversion then you will have to complete certain requirements such as community service or take classes. These requirements may vary depending on what county your case is out of and if it is a misdemeanor or a felony. Drug Court is usually the most involved and time consuming type of diversion. If you fail to complete the requirements or if you are arrested on a new charge, then your case will be returned to the criminal docket. However, if you successfully complete the program, the State will drop the case against you. The advantage of diversion is that you control your own destiny, and you are not relying on a jury to ensure that you avoid a conviction on your record.

Learn more about some of the requirements below, or contact the Ford Law Office.

 

TYPICAL CONDITIONS FOR MISDEMEANORS DIVERSION

Conditions for diversion, or deferred prosecution varies depending on the county

Supervision length:

Drug offenses, DV-partner related, and DUI Tier 1 cases (BAC < .15%): 12 months

DUI Tier 2 cases (BAC > .15%): 15 months

Other misdemeanors: 6 months


Community service: 

DUI cases - 50 hours; all other cases - 40 hours; unless specified by SAO

Fees:

Telephone Reporting fee $6 - $7 monthly, if applicable, $50 State Attorney fee, $50 monthly cost of supervision, $17 drug test fee, $20 intake fee, Law Enforcement investigative costs, if applicable. 

DUI Cases Tier 1 and Tier 2:

DUI Level I School

Victim Impact Classes through MADD or Florida Safety Council

Substance abuse evaluation and any recommended treatment 

Tier 1 - 10 day Vehicle Impoundment/Immobilization and a $500 monetary contribution

Tier 2 - 6 month Ignition Interlock and a $1000 monetary contribution Drug/Alcohol-Related Offenses:  

Substance abuse evaluation and any recommended treatment

Random observed urine screens


Theft, Fraud and Property Cases:

Impulse Control/Theft Prevention Class

Battery Cases:

Batterer’s Intervention Program (Domestic Violence partner related)

Anger Management Class (minimum of eight hours in divided sessions for non-partner related cases)

No contact/no hostile contact with victim

Sex-Related Offenses: Sex offender assessment and any recommended treatment  

Sexually Transmitted Diseases (STD) awareness class

Resisting Officer Without Violence Cases:

Anger Management Class

Letter of Apology 

Sale/Serve Alcohol to a Person Under 21 Years of Age:

Class/program designed to educate regarding the law.

 

PRETRIAL INTERVENTION

PTI

Pretrial Intervention (PTI) is governed by Florida Statute 948.08 and is supervised by the Department of Corrections. PTI is usually involves felony charges but can include misdemeanor charges. Like diversion, your case may be dropped after successfully completing the requirements. The requirements can be tailored to the indivisible case and can include counseling, education, supervision, medical and psychological treatment.

 

DRUG COURT

Drug Court programs are supervised by the Drug Court Judge and require regular court appearances. These programs involve significant education and treatment. The program is set up in phases and the requirements gradually decrees as you move through the program. The court appearances and treatment taper off as meet your goals and you continue to have negative urinalysis. While the conditions are typically time consuming, the program can give you the help you need to address a serious drug problem. There is also an added benefit of getting your case dropped after successful completion. There have been may success stories that have come out of Drug Court.

 

Call for a free consultation: 407-514-2772

4767 New Broad St
Orlando, FL 32814

©2018 by The Ford Law Office.