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Pretrial intervention in Florida

Florida Statute section 948.08(2), states that "[a]ny first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention 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 offender."

In the Eighth Circuit (Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties), "PTI" refers to the felony pretrial intervention program requiring the person charged to behave as if on probation, including monthly check-ins with a PTI officer, payment of supervision fees, completion of community service, etc.  There may also be special conditions of the PTI, such as paying the victim restitution or completing counseling. If the PTI is successfully completed, the state attorney will dismiss the charges.  Following that, the person may choose to seek a record expungement.  This is helpful to the many students we have here at the University of Florida and Santa Fe College.

Note that third degree felonies are the lowest degree and typically non-violent by nature. It is also important to note that, if the victim of the crime raises an objection, then PTI is not an option.

"Deferred prosecution" is administered internally by the state attorney's office, and is less formal in the sense that the person does not have to report monthly.  These are typically done in misdemeanor cases, but occasionally in felony matters as well.  The charges remain pending during the period of diversion, but court appearances are not necessary.  Again, once the period has run and the conditions have been completed, the charges are dismissed. 

Alachua County Criminal Justice Center at 220 S. Main, Gainesville, Florida


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