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Pretrial Diversion/Pretrial Intervention "Bounce Outs"

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Pretrial Diversion (PTD) in Miami-Dade and the Misdemeanor Diversion Program (MDP) in Broward County are diverted prosecution programs for misdemeanor offenses. If you have no priors and otherwise qualify, you may be able to participate in the program and have your charges dismissed should you successfully complete your program's requirements.

Pretrial Intervention (PTI) is a program in Miami-Dade and Broward that exists for first-time felony offenders. The program is typically offered for non-violent third-degree felonies if the offender is eligible. However, exceptions can be made. If the participant successfully completes the program, then the charges will be dismissed.

However, what happens if you fail to complete the program?

"Bouncing out" of PTI or PTD is the term for failing to complete the program requirements. You could bounce out for failing to pay fees, failing to complete a class, failing to complete community service hours, or by getting arrested for a new charge.

If your violation is technical, that is, you failed to complete a program requirement, you may be able to get re-enrolled. At least in Miami-Dade. In Broward, it is nearly impossible to get back into PTI or MDP after you have failed to complete the program successfully.

If you get arrested for a new charge while enrolled in diversion, you will not get back into diversion. In fact, you can be held in custody without a bond since your case is still considered open when you are in a diversion program. The new case will violate your pretrial release on the underlying case.

Bouncing out of diversion is not uncommon. More often than not, the reason for bouncing out is financial. Restitution has not been paid. Program fees are owed. Those things can typically be resolved.

If you are in a diversion program and you are at risk for bouncing out, call me to discuss how we can avoid any negative consequences.