PTD, or Pretrial Diversion, is a program for misdemeanor offenders. PTD is typically a program for first-time offenders. It doesn't matter if you were physically arrested for your misdemeanor or you were issued a written promise to appear (PTA). The main requirement is that you can have no prior criminal history in order to be accepted. Exceptions, however, may apply.
In Miami-Dade County and Broward County, the State Attorney's Office has the power to offer a first-time offender diversion, which exists in misdemeanor cases as PTD. In Miami-Dade, PTD is run by one of two private companies: The Advocate Program or Court Options. In Broward, PTD is run by the Broward Sheriff's Office.
In Miami-Dade County, PTD permits an accused person to maintain their plea of not guilty (and therefore their presumption of innocence) and agree to complete certain conditions. These conditions may include community service hours, classes, and the payment of fines, fees, and restitution (if applicable). If the accused person completes the conditions, the case will be dismissed and that person's criminal record can be expunged.
In Broward, PTD is a little stricter. It is typically only offered at arraignment, and the application process is lengthy. The accused may also have to write out a statement admitting guilt. However, the gist is the same; complete the program, get the charges dropped, expunge the record.
The following misdemeanor crimes may qualify an accused person for PTD:
2) Petit theft
7) Carrying a concealed weapon
As well, PTD is available for first-time offenders involved in misdemeanor domestic violence matters, provided both the prosecutor and the alleged victim approve. The condition of domestic violence PTD is almost always some sort of anger management course.
Unfortunately, PTD is not offered for traffic crimes, such as DUI, driving while license suspended (DWLS), reckless driving, or leaving the scene of an accident (LSA).
I am a former Miami-Dade Assistant State Attorney and current criminal defense attorney who practices in Miami and Broward. I have been successful at negotiating PTD resolutions for many of my clients. I would be happy to be able to do the same for you.
PTD is not always a given. Sometimes, you must really work for it and show the prosecutor that the client is deserving of a second chance.
If you are interested in PTD for your misdemeanor case, call me to discuss your matter in a confidential consultation.