Pretrial Intervention Requirements
Pretrial Intervention (PTI) consists of a contract between the Office of the State Attorney and a defendant whereby the prosecutor agrees to defer and then dismiss pending criminal charges in exchange for the defendant’s timely and satisfactory completion of specified conditions. Once the conditions are completed, the State Attorney’s Office voluntarily dismisses the charges and the prosecution ceases.
In Jacksonville misdemeanor prosecutions, participation in Pretrial Intervention requires you to pay an administrative fee of $100.00, complete specified sanctions as determined by the prosecutor handling your case, and, if required, complete any other “special conditions” that the State Attorney decides to impose in your case.
In most misdemeanor cases in Jacksonville, the prosecutor will not impose any “special conditions.” Thus, in the majority of cases, the accused will have to complete one or more of the following:
- Perform Community Service at either the Humane Society, Parks and Recreation, Jacksonville Food Bank, or other listed non-profit organization or charity;
- Pay an additional $100.00 to the Victim’s Crime Compensation Fund;
- Pay a fee to the State of Florida;
- Attend a Milepost Class, which is a one day class for persons charged with a drug or theft crime (there is a $75.00 enrollment fee for this class);
- Attend an Anger Management Class, which is eight hours (there is a $50.00 enrollment fee).
Successfully Complete Pretrial Intervention
If you successfully complete a Pretrial Intervention diversionary program in Jacksonville Florida (i.e. you complete all conditions in your contract in a timely manner and do not commit any new law violations), the State Attorney’s Office will dismiss the charges pending against you at your next court date. You will not have to admit guilt and you will not have a conviction on your record for the particular charge.
However, the fact that you were charged with a crime (and possibly arrested) DOES remain on your record. An arrest record and charge record is created in ALL criminal cases (even if the case is without merit), and the record remains in ALL cases unless it is sealed or expunged.
Failure to Complete Pretrial Intervention
If you fail to satisfactorily complete all conditions in the Pretrial Intervention Program, you will be rejected from the program and your case will be put back on the Duval County court docket for a traditional resolution (plea or trial).
Length of Time for Completion
In most Jacksonville misdemeanor prosecutions, you will be given a total of 75 days to complete all of the conditions of Pretrial Intervention. Moreover, you must generally provide proof of your compliance with all requirements of the Pretrial Intervention contract t least ten business days prior to your next court date.
Is Pretrial Intervention Guaranteed?
There is no guarantee that you will be offered Pretrial Intervention, even if you have no criminal record or a minimal criminal record. The decision to offer the program to you is entirely discretionary with the prosecutor. Most offenders are NOT offered PTI.
Having an attorney represent you in your case can dramatically improve your chances of being accepted into Pretrial Intervention. Most misdemeanor prosecutors would rather dispose of a case through PTI than fight a prolonged legal battle with a defense attorney. Conversely, if the prosecutor knows that a defendant will be unrepresented, then the incentives to dispose of the case through PTI are greatly reduced. Better to pick up an easy conviction on a pro se defendant than to voluntarily dismiss a case through Pretrial Intervention.
A criminal charge is a serious matter with serious consequences for your immediate and long-term future. If you have been accused of a criminal offense in Jacksonville, Duval County, Florida and think you may be eligible for Pretrial Intervention, contact our Jacksonville Criminal Attorney for a free consultation.