Pretrial Diversion Program: Understanding Your Options

Quick answer: In Florida, pretrial diversion (also called PTI) lets eligible, typically first-time defendants complete conditions (like classes, treatment, community service, restitution) in exchange for a dismissal. Eligibility and completion are controlled by the State Attorney’s Office—not the judge—and the State can resume prosecution if it decides program terms weren’t met.

Updated for recent Florida case law clarifying State control over diversion decisions.

What is Pretrial Diversion (PTI) in Florida?

Pretrial diversion is a contract between a defendant and the State Attorney’s Office. If you complete the agreed conditions, the State dismisses the charges; if you don’t, prosecution picks back up as if the case never left the docket. Florida’s PTI framework is set out in Florida Statute § 948.08.

Who qualifies for pretrial diversion?

While criteria vary by circuit and charge, statutory eligibility generally favors people who are:

First-time offenders, or those with no more than one prior non-violent misdemeanor; and
Currently charged with a misdemeanor or (in many circuits) certain non-violent third-degree felonies.

Final eligibility is always determined by the State Attorney’s Office for your circuit and may depend on offense type, victim input, restitution ability, and your background.

Common diversion conditions

Educational classes (e.g., theft, anger management, DUI/substance abuse)
Treatment and counseling, drug/alcohol testing (as indicated)
Community service and no-new-law-violations
Restitution and costs
Apology letters or victim-impact components (case-dependent)

Important: The U.S. Department of Justice (BJA) describes diversion as a way to enhance public safety by steering appropriate cases away from incarceration and toward rehabilitation. See this overview from DOJ’s BJA on diversion program design and aims: BJA Diversion Overview.

Who decides whether you “completed” the program?

The State does. In State of Florida v. Higgins (Sixth DCA, Aug. 8, 2025), the appellate court held that the trial court could not override the State’s determination about PTI termination or completion. Prosecutorial discretion under § 948.08 controls whether diversion continues or prosecution resumes. Read the opinion: State v. Higgins (6th DCA).

Benefits (and risks) of PTI

Best-case outcome: Dismissal of the charge(s) after you complete conditions—often followed by eligibility to seal/expunge the record (case-dependent).
Reduced court time & stress: Clear roadmap to dismissal.
Risk: Failure to complete puts your case back on the trial track, and statements made in programming may have consequences if you re-enter prosecution. Always consult counsel before you sign.

How we help at Fighter Law

Our team—led by Board-Certified Criminal Trial Lawyers—evaluates eligibility, negotiates fair and achievable terms, protects you during intake, and monitors compliance to keep you on track for dismissal. We also plan ahead for record clearing once the case is dropped.

Talk with an Orlando criminal defense attorney

Related Florida criminal defense resources

FAQs: Florida Pretrial Diversion

Does PTI always end in a dismissal?

No—dismissal is contingent on successful completion of all terms. Under § 948.08, the program is supervised and completion is assessed by the State. If the State determines terms weren’t met, it can resume prosecution.

Can I get diversion on a felony?

Often for eligible third-degree, non-violent felonies, depending on your circuit’s policies and the State’s discretion. Some circuits also offer specialty drug or veterans courts.

If I complete PTI, can I expunge my record?

Many people become eligible to seal or expunge after a dismissal, but it depends on the charge and your history. We’ll assess expungement readiness as part of your plan.

Can a judge force the State to put me back into PTI?

Not typically. The Sixth DCA in Higgins held the State’s discretion is controlling on PTI termination/completion decisions, not the trial court’s. See the opinion: Sixth DCA (Higgins).

Call Fighter Law

Every case is unique, and a smart PTI strategy can protect your future. Speak with our team today.

Call 407-FIGHTER (407-214-0573) or contact us online.

Attorney: Clyde Lemon • Practice Area: Criminal Defense • Serving clients across Central Florida.

Understanding Pretrial Diversion in Florida: Who Really Has the Power?