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. These types of programs are usually reserved for a person that has never been in trouble in the past or has 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 your type of charge is 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 of diversion below, or contact the Ford Law Office.
Conditions for diversion, or deferred prosecution varies depending on the county
TYPICAL CONDITIONS FOR MISDEMEANORS DIVERSION
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.