Pretrial Diversion Agreement

PRETRIAL DIVERSION AGREEMENT

Yes, we've talked about the benefits of PTD or PTI, but what does this so-called agreement actually look like?  Don't you want to read it first?  Yes, and Criminal Lawyer John Guidry will help you thru this maze of legal jargon.   Note that different State Attorney's Offices charge different amounts, we're seeing a fee of $250 - $400 on average.  Also, many PTD programs will not allow monthly payments on the program fee,  though this sample agreement allows such.

PRETRIAL DIVERSION AGREEMENT

IN THE COUNTY COURT, __________ JUDICIAL CIRCUIT, IN AND FOR
______ COUNTY, FLORIDA

STATE OF FLORIDA

VS.

DEFENDANT

CASE NO. 2010-MM-1234

It is alleged that you have committed an offense(s) against the State of Florida on or about the 1st day of January, 2010, to wit: OFFENSE(S):

POSSESSION OF CANNABIS < 20 GRAMS
RESISTING AN OFFICER WITHOUT VIOLENCE
PETIT THEFT

After an investigation of the offense(s) and your background, it appears that the interest of the State of Florida, and your own, will best be served by the following procedures.

Therefore, on the authority of Joe Blow, State Attorney in and for the ______ Circuit, _______ County, Florida, prosecution in this matter for said violation(s) will be deferred for a period of 6 months from this date, provided you abide by the following conditions:

1. You shall report to the diversion office on a monthly basis at a predetermined time set by the diversion counselor.

2. You shall refrain from violation of any law (Federal, State, or local).  In the event of a criminal arrest while on the diversion program, you are subject to automatic dismissal.

3. You shall associate only with law abiding persons.

4.  You shall work regularly at a lawful occupation; and/or pursue a course of studies as a full-time student.

5. You shall complete 40 hours of community service.

6.  You shall pay $3.95 insurance fee prior to coming into community service intake.

7.  You will pay a total program fee of $300.00.  Payments can be made in monthly payments.  The balance due must be paid in full prior to the termination date. (Money Orders, Cashier's Checks, Visa or MasterCard with proper identification only.)

8.  Take an active part in counseling program listed below and cooperate, attend all scheduled appointments, and cooperated with any referrals your counselor recommends (check appropriate box)
___Batterers Intervention Program (BIP)
___General Misdemeanor Class
_X_Theft Class
___Substance Abuse Class
___Anger Management Class
___12 Week Anger Management Class
_X_Substance Abuse Evaluation
___8 Hour Gun Safety Class
___8 Hour Defensive Driving Class
___Parenting Class
_X_Random Alcohol/Drug Testing
___Mental Health Evaluation

9. You shall immediately inform the Pretrial Diversion Program of any change in residence or employment.

10.  You will cooperate in verifying any information requested by the Pretrial Diversion Program.  You will promptly and truthfully answer all inquires directed to you by the Court or the Pretrial Diversion Officer, and allows the Officer to visit your home, employment site, or elsewhere, and you will comply will all instructions he or she may give you.

11.  You will not possess, carry, or own any weapons without first procuring the consent of your Pretrial Diversion Officer.

12.  You will pay RESTITUTION fee totaling _____ to the ARRESTING AGENCY.

13.  You will pay $50.00 Cost of Prosecution to the Office of the State Attorney.

14.  Other special conditions: NO RETURN TO THE STORE, LETTER OF APOLOGY TO OFFICER

The State Attorney may during the period of deferred prosecution, revoke or modify the conditions of your deferred prosecution by:

1. Changing the period of deferred prosecution
2. Prosecuting you for this offense if you violate any of these conditions
3. Voiding this agreement should it be determined you have a prior record of adult criminal conviction(s), or criminal involvement, or that you have given false information to the program staff.

If you comply with these conditions during that period of deferred prosecution no criminal prosecution concerning this charge will be instituted in this county.  If charges have already been instituted, they will be terminated or dismissed upon compliance with these conditions during and throughout the period of deferred prosecution.  By signing this deferred prosecution DEFENDANT withdraws and/or waives his/her right to a speedy trial under the Constitution and Laws of Florida and the United States of America in the cause for which prosecution is being deferred.

By signing this Agreement, the defendant acknowledges that the above has been explained fully and he/she understands all conditions of this Agreement and will comply with them.

___________________DATE________
Defendant


___________________DATE________
PTD Officer


___________________DATE________
Assistant State Attorney