For that reason, you should know exactly what the program entails.
The information provided comes directly from the Broward State Attorney's website.
"The Felony Pre-Trial Intervention (PTI) program is a diversion program operated by the Florida Department of Corrections. The purpose of the PTI program is to afford first time felony offenders the opportunity to avoid the stigma of a criminal conviction by diverting their case from the trial court process. Defendants charged with a qualifying
third degree felony and who have no prior felony convictions may be approved for this program. Effective August 1, 2009, some felony drug offenses may now be eligible for PTI (see below).
The felony PTI program is similar to being on probation. The advantage is, upon successful completion of the year long PTI program, the charge will be dismissed. Successful completion of the program will require making full
restitution to the victim, if applicable, in addition to other conditions. It is highly recommended that defendants speak with their attorney regarding the benefits of entering this program as opposed to continuing through the court process.
Please be advised that the taking of depositions or hearing substantive motions will disqualify a defendant from PTI consideration.
An attorney seeking PTI on behalf of a defendant must apply within forty-five (45) days from the date of arraignment. The documents necessary to apply are listed below. For consideration all documents must be completed and received by the PTI office at the Department of Corrections (see address below) within these forty-five (45) days. Once received a PTI officer will review and process the application to determine if the defendant qualifies for the program. The entire process may take from 30 to 90 days from the date the application is received at the PTI office.
Applicants who meet PTI requirements and are subsequently supervised within the state of Florida by the Florida Department of Corrections are not required to enter a plea of guilty to the charges to participate in PTI. However, should you reside out of state during the period of supervision, you must plead guilty to the charges and have your sentencing deferred for a period of one year. Your supervision will be subject to the Interstate Compact for Adult Offender Supervision. Per the Florida Department of Corrections, only offenders who enter a plea of guilty and waive the right to a trial if they fail to successfully complete the program are compact eligible. Upon successful completion of the Program, as determined by the State Attorney's Office, the State will agree to allow you to withdraw your previously entered plea of guilty and the case will be dismissed. Should you fail to successfully complete the Program, as determined by the State Attorney's Office, you will not be allowed to withdraw your plea of guilty and you will be sentenced by the court.
An application received after the forty-five (45) day requirement will require a waiver letter from Jeff A. Marcus, Assistant State Attorney In Charge of the Felony Unit, for consideration. To obtain this waiver, the attorney for the defendant must mail, fax or email a request to Mr. Marcus explaining good cause for the delay. Correspondence for Mr. Marcus should be directed to Cindie Repici at crepici@sao17.state.fl.us or fax (954) 831-7321. The attorney will be notified by mail of Mr. Marcus’ decision.
All applicants must provide to the felony PTI program a notarized typed sworn statement detailing the facts and circumstances of the offense for which the applicant has been arrested/charged. If the sworn statement so provided does not contain facts indicative of knowledge or conduct on the part of the applicant consistent with guilt of all of the elements of the offense (including value of the items stolen if applicable), factually or legally, in the opinion of the State Attorney’s Office, this office will not consent to the applicant’s entry into the program.
All attorneys and applicants should review the State Attorney’s Office Pre-Trial Intervention Guidelines for conditions under which this sworn statement may be used against a defendant.
Attorneys should contact Mr. Marcus if their client cannot sign a sworn statement of guilt based on a claim of innocence.
Offenses Excluded
Please note that not all third degree felony offenses are eligible for PTI. No exceptions are made to allow defendants charged with non-qualifying offenses into the PTI Program. Below are some examples of charges not eligible for the PTI program:
Felony of the second degree or higher
Any Weapons charges
Any type of violent crime
DWLS, DUI, Leave Scene of Accident
Possession of heroin, LSD, methamphetamine, or
one half gram or more of cocaine
Offenses involving vending, forging or
counterfeiting private labels
Welfare Fraud
Unemployment Compensation Fraud
Offenses against governmental entities
Possession of an anti-shoplifting control device
Restitution owed over $5,000 at time of application
Drug Offenses
Effective August 1, 2009, defendants charged with a qualifying third degree felony drug possession offense and who otherwise meet the requirements for admission into the felony PTI program may be admitted into the program. Possession of heroin, LSD, methamphetamine, or one half gram or more of cocaine are offenses not eligible for felony PTI. Furthermore, the State will not permit a defendant charged with a qualifying offense into the program when the facts or circumstances indicate that the defendant was involved in dealing drugs. All PTI participants are subject to random drug testing. It should be noted and understood that a single positive drug test will cause a defendant to be dismissed from the program. However, those dismissed from the felony PTI program may still be eligible to participate in
Drug Court, subject to the rules of that program. Defendants charged with a drug offense who are terminated from the felony PTI program for unsuccessful completion will be automatically referred to Drug Court. Please note, defendants who have entered into a Deferred Prosecution Agreement (DPA) in Drug Court are not eligible for the felony PTI program."
Eric Matheny is a criminal attorney who represents clients in both Broward and Miami-Dade. He has been successful in getting many of his clients into diversion programs. He may be able to do the same for you depending on the circumstances of your case, the absence of a prior record, victim approval, as well as other eligibility factors.
To speak personally with Attorney Eric Matheny, call today.