Pretrial Intervention (PTI)

PTI is a felony diversion program that exists in both Miami-Dade County and Broward County. However, I find that it is easier to get a client enrolled into PTI in Miami than it is in Broward. I also believe that Miami-Dade imposes less stringent conditions upon participants than Broward. This is because PTI is run by a private company in Miami whereas the Broward Sheriff's Office runs PTI in Broward.

PTI is a program for first-time felony offenders charged with non-violent third-degree felonies.

Like PTD, PTI requires an accused person to perform certain conditions, such as community service hours, classes (theft, anger management, domestic violence awareness), as well as pay program fees, fines, and any restitution (if theft case). The case typically remains open for 6 months while the participant completes their conditions. Upon successful completion, the State Attorney's Office will dismiss, or nolle prosse, the case. If otherwise eligible, the accused person may then get their felony arrest expunged.

In nearly all PTI cases, the alleged victim must agree to the accused person's enrollment in PTI.

Some of the common charges whereby an accused person may be eligible for PTI are:

1) Grand Theft/3rd Degree

2) Grand Theft Auto (Vehicle)

3) Uttering a Forged Instrument

4) Burglary of an Unoccupied Conveyance

5) Burglary of an Unoccupied Structure

There are some "violent" felonies and crimes against law enforcement officers that will qualify an accused person for PTI provided both the alleged victim and the prosecutor agree. These offenses can include:

1) Aggravated Assault (Without a Firearm)

2) Resisting an Officer With Violence

3) Battery on a Law Enforcement Officer

4) Felony Battery

5) False Imprisonment

6) Aggravated Stalking

Felony domestic violence crimes are eligible offenses for PTI provided the alleged victim agrees. Conditions for domestic violence crimes usually include stay-away orders, batterers interventions classes (sometimes called "domestic intervention program"), or anger management.

In Miami-Dade County, first-time offenders charged with carrying a concealed firearm may participate in a specialized PTI program known as FIP (Firearm Intervention Program). For FIP, a participant can have no previous arrests. This means no prior felony, misdemeanor, or criminal traffic arrests, regardless of whether charges were filed. The accused can not also have another charge accompanying the carrying a concealed firearm charge.

Now don't go thinking that PTI is a given for first-time offenders. PTI must be negotiated for, and it sometimes takes a good criminal defense attorney to point out the weaknesses in case, as well as the reasons why an accused person should be given the opportunity to participate in the program.

It doesn't matter if somebody has never been arrested before. Since the court does not have the authority to offer PTI, the sole discretion lies in the hands of the State Attorney's Office. It is up to the prosecutor whether or not to offer PTI. Under no circumstances can a judge offer PTI or impose it as a sentence, since PTI is a diversion program, not a judicial sentence.

PTI is not available for felony drug possession cases. Drug Court is the only drug diversion program available in Miami-Dade and Broward.

Conditions and terms of PTI can be flexible. If you have been arrested before, whether felony or misdemeanor, you still may be able to get into PTI provided your criminal attorney can persuade the prosecutor. Since it is the State's program, the State has the final say over who to allow into the program and who to forbid. If you have a prior arrest from years ago or perhaps misdemeanor priors, or even a DUI conviction, you still may be able to get PTI for a felony. It just takes a little negotiation on behalf of your lawyer. This, however, is more common in Miami-Dade. For Broward PTI, you are less likely to get accepted into the program with prior arrests.

PTI is a good resolution when facing felony charges. Remember, every felony, regardless of the degree, carries a maximum penalty measured in years in prison. When given the opportunity to get those charges dropped, it is wise to accept.

Also remember - PTI is not just given away at arraignment. It can be obtained later on in a case. You just may have to work for it. Sometimes you have to "wear down" the prosecutor. This takes time and hard work. While I cannot comment on previous successes on my website, please feel free to ask me about times in which I was able to get PTI for clients when the intial outcome looked grim.

I practice criminal defense in Miami-Dade County and Broward County. I have assisted many clients in getting PTI resolutions, which resulted in their felony charges being dismissed.

Call me today to discuss your case.