PTD, or Pretrial Diversion, is a program for
misdemeanor offenders. PTD is typically a program for first-time offenders. It doesn't
matter if you were physically arrested for your misdemeanor or you were
issued a written
promise to appear (PTA). The main requirement is that you can have no prior criminal history in
order to be accepted. Exceptions, however, may apply.
In Miami-Dade County and Broward County, the State Attorney's Office
has the power to offer a first-time offender diversion, which exists in
misdemeanor cases as PTD. In Miami-Dade, PTD is run by one of two private
companies: The Advocate Program or Court Options. In Broward, PTD is run
by the Broward Sheriff's Office.
In Miami-Dade County, PTD permits an accused person to maintain their plea
of not guilty (and therefore their
presumption of innocence) and agree to complete certain conditions. These conditions may include
community service hours, classes, and the payment of fines, fees, and
restitution (if applicable). If the accused person completes the conditions, the case
will be dismissed and that person's criminal record can be
expunged.
In Broward, PTD is a little stricter. It is typically only offered at arraignment,
and the application process is lengthy. The accused may also have to write
out a statement admitting guilt. However, the gist is the same; complete
the program, get the charges dropped, expunge the record.
The following misdemeanor crimes may qualify an accused person for PTD:
1) Possession of marijuana
2) Petit theft
3) Criminal mischief
4) Assault
5)
Battery
6)
Contracting without a license
7) Carrying a concealed weapon
As well, PTD is available for first-time offenders involved in misdemeanor
domestic violence matters, provided both the prosecutor and the alleged
victim approve. The condition of domestic violence PTD is almost always
some sort of anger management course.
Unfortunately, PTD is not offered for traffic crimes, such as
DUI,
driving while license suspended (DWLS), reckless driving, or
leaving the scene of an accident (LSA).
I am a
former Miami-Dade Assistant State Attorney and current
criminal defense attorney who practices in Miami and Broward. I have been successful at negotiating
PTD resolutions for many of my clients. I would be happy to be able to
do the same for you.
PTD is not always a given. Sometimes, you must really work for it and show
the prosecutor that the client is deserving of a second chance.
If you are interested in PTD for your misdemeanor case,
call me to discuss your matter in a confidential consultation.