State law in Florida allows for certain alleged first offenders and people previously convicted of not more than one nonviolent misdemeanor to be eligible for pretrial intervention (PTI) programs. The state attorney’s office reviews all documents necessary for participation in the PTI program and establishes all requirements that must be satisfied for successfully completion of the program.
Alleged offenders who successfully complete the terms of their PTI programs can have their criminal charges dismissed. Any alleged violations of the terms of a PTI program, however, can lead to people being kicked out of the programs and prosecuted for the original criminal charges.
Attorney for Pretrial Intervention Programs in Brooksville, FL
If you were arrested for a misdemeanor or third-degree felony offense in Central Florida, it is in your best interest to immediately seek legal representation so you can determine whether you may be eligible for a PTI program. The Law Office of Ashley Aulls, P.A. aggressively defends clients accused of first criminal offenses in communities throughout Pasco County, Sumter County, Citrus County, and Hernando County.
Ashley Aulls is an experienced criminal defense lawyer in Brooksville who will work to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. Call (352) 593-4115 right now to have our attorney review your case and discuss all of your legal options by setting up your first consultation.
Florida Pretrial Intervention Program Information Center
- Who is not eligible for PTI programs?
- What are some of the concerns about PTI programs?
- Where can I find more information about pretrial intervention in Brooksville?
Under Florida Statute § 948.08, any alleged first offender, or any 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 initial appearance hearing of the alleged offender. An alleged offender cannot be released to the PTI program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion.
Charges not eligible for the PTI program include:
- Any felony of the second degree or higher;
- Any weapon charges;
- Any type of 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.
Being accepted to participate in a PTI program is generally a favorable alternative to prosecution for many alleged offenders, but PTI programs are not always the best possible resolutions for all people. Some of the possible drawbacks of PTI programs that individuals should consider before agreeing to participate include:
- Admission of Guilt — Alleged offenders are often required to sign sworn statements of admission in which they admit to committing the criminal offenses of which they have been accused. While such admissions cannot be used as confessions in any later prosecution, the admissions can have possible employment consequences, especially for licensed professionals;
- Inability to Seal and/or Expunge — Certain state attorney agreements restrict or prohibit the sealing or expunction of records even when alleged offenders successfully complete PTI programs. It is critical to have a criminal defense lawyer review the proposed agreement, as restrictions on sealing or expunging criminal records can have dramatic consequences for certain individuals; and
- Consequences of Violations — Violations of the terms of PTI programs can be held against alleged offenders on criminal punishment code scoresheets. People may face very serious prison sentences for certain violations.
Florida Statute § 948.08 — View the full text of the state law governing pretrial intervention programs in Florida. Learn more about the coordinated strategy and possible protocol of sanctions that PTI participants may be subject to. You can also find information about the pretrial veterans’ treatment intervention program.
Community Supervision Overview | Florida Department of Corrections — Learn more about the types of community supervision and programs of the Florida Department of Corrections. You can find statistics relating to community supervision admissions broken down by year, race, gender, age, county, and type of offense. You can also view the number of PTI admissions for fiscal year 2005-06.
The Law Office of Ashley Aulls, P.A. | Brooksville Pretrial Intervention Defense Lawyer
Were you recently arrested in Central Florida for an alleged misdemeanor or third-degree felony offense? You will want to contact The Law Office of Ashley Aulls, P.A. for help determining whether you may be eligible for participation in a PTI program.
Brooksville criminal defense attorney Ashley Aulls represents individuals all over the greater Hernando County area, including Weeki Wachee, Wildwood, Brooksville, Inverness, New Port Richey, Spring Hill, and many other nearby areas. He can provide a complete evaluation of your case as soon as you call (352) 593-4115 or fill out an online contact form to set up a consultation.