Pretrial Intervention (PTI)

Defendants arrested or charged with certain non-violent misdemeanors, third-degree felonies and some second-degree felonies may qualify for PTI.

A defendant’s charges, criminal history, facts of the case and approval of the judge, victim, prosecutor and program administrator will determine whether he or she is eligible for diversion. The most significant factor in determining eligibility is whether there is a likelihood the defendant will cooperate with and benefit from diversion.

Defendants must also meet the following requirements:

• Charged with a qualifying misdemeanor, non-violent third- or second-degree felony.

• Criminal history is limited to one misdemeanor conviction for a dissimilar offense.

• Must not have previously unsuccessfully participated in a diversion program or any type of deferred prosecution.

• Must not have any prior arrests or charges within 10 years of completing a sentence for a non-violent felony or misdemeanor adjudication or withhold of adjudication.

• A commitment to pay restitution which includes cost of prosecution, program fees and, if appropriate, the cost of investigation.

• Must voluntarily agree to enter PTI contract and abide by all terms and conditions.

• Be a United States Citizen, legal resident, or visitor

Most non-violent misdemeanors and third-degree felonies are eligible for Pretrial Intervention. Some non-violent second-degree felonies are also eligible.

Cases that may not be appropriate for diversion are felonies involving weapons and violence. However, Carrying a Concealed Weapon or Firearm or having a weapon or firearm in a prohibited area are PTI-eligible offenses. A review of mitigators and aggravators will be relevant when determining PTI eligibility.

• Domestic violence cases with weapons or firearms
• Cases involving street gang activity or benefiting the enterprise of a street gang
• Cases related to sexual allegations, including exposure of sexual organs, but excluding referrals for prostitution
• Flee and Attempting to Elude Law Enforcement (FATE)**A FATE third-degree felony may be eligible with supervisor approval if the defendant did not put others in danger during incident.
• Employee Theft
• Organized Theft
• Using Another Person’s Identification to Obtain Credit
• Organized Burglary or Theft Ring participation
• Second-degree Felony Burglary
• Animal Cruelty
• Driving Under the Influence where:
  • Blood Alcohol Level was above .22
  • There is a prior alcohol-related criminal traffic arrest or citation, regardless of case disposition
  • A crash is involved
  • Defendant possesses a commercial driver’s license
• Hate crimes
• Crimes involving foreign or domestic terrorism
• Stalking
• Violation of Injunction
• Forcible felony under Florida Statue 776.08

The State Attorney’s Office will evaluate cases to determine PTI eligibility and contact the defendant.

1. To participate in the PTI program consent must be given from the:

• • Program administrator
  • Victim
  • Prosecutor
  • Judge

2. The defendant must enter a plea by requesting a plea date from the Court or plea at their next court date. 

* Defendants charged with Driving Under the Influence or Fleeing and Attempting to Elude cases are not required to plea.

4. If approved, the PTI contract will be appear in the defendant’s email mailbox for them to sign. (Make sure you check your spam box.)

5. Sign a PTI contract agreeing to abide by all terms and conditions of the agreement.

6. Report to the required location on the PTI contract with 48 business hours.