Arrested in Florida: Is a Pretrial Intervention Program Right For You?

Arrested in Florida: Is a Pretrial Intervention Program Right For You

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Pretrial intervention programs may be an option for people charged with felonies or misdemeanors. The Salvation Army administers the program for those charged with misdemeanors and the Florida Department of Corrections supervises the program for those charged with felonies. Florida Statutes sections 948.08 and 948.16 govern the administration of PTI.Who is eligible to enter PTI? An individual charged with any misdemeanor or third-degree felony qualifies to apply to the Pretrial Intervention Program. If you are a first-time offender, you may apply for PTI. An individual previously convicted one non-violent misdemeanor may also apply for PTI. In the event you qualify for the program, the Office of the State Attorney must grant approval and the probation department and victim but give consent (if there is a victim). You must consult your attorney, voluntarily agree to participate in the program, and knowingly and intelligently waive the right to speedy trial for the duration of the program. Further, an individual charged with a non-violent third degree felony and has a substance abuse problem may qualify for the PTI Drug Court.What is the benefit of the Pretrial Intervention Program? Your case is dismissed if you complete all of the terms and conditions of the program. However, one violation of the program rules removes your case from the program and you now appear back in front of the judge. If you are applying for the Pinellas, Pasco, and Hillsborough PTI program, the PTI procedures are generally the same.The Pretrial Intervention Program is not available to everyone and not everyone is accepted into the program. Is the PTI program right for you? Pretrial intervention is a good option for many people but not for all. If you are in the PTI program your goal is to complete the program without violating the terms and conditions of the program. Successfully completing PTI will result in the dismissal of your charges.Understanding how your PTI program could end is important. There are three options for how your PTI program could end: 1. The case resumes before the Judge if the your performance has been unsatisfactory; 2. You require further supervision; or 3. The charges are dismissed.Failing to complete the program results in the charges going back before the Judge and your case starts all over again. Your case proceeds as if PTI never happened. You can still address any legal issues in the case, accept an offer to resolve the case, or take the case to trial.Before you consider the PTI program, make sure you are aware of certain consequences to electing PTI. For example, if you decide to enter the PTI program, you must either first accept responsibility or admit guilt. If you fail to finish PTI, your acceptance of guilt cannot be used as a confession or admission in the case against you later. Also, if your PTI participation is unsatisfactory, the Florida Rules of Criminal Procedure require that the violation of PTI terms be used against you on the criminal punishment score sheet. Therefore, if you fail to finish the PTI program, you may face a more severe sentence than what you would have first received. You should discuss these consequences with your attorney. Finally, it is still beneficial to hire an experienced criminal defense attorney even if you intend to apply for PTI. An attorney can do can, on occasion, get you back into the program if you have failed to complete it. This is often very difficult or impossible for a pro se defendant to accomplish on his or her own.

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