Felony PTI for Third-Degree Felony Drug Charges
Court ordered PTI for felony drug charges is a statutory-based program for persons who do not otherwise qualify for the State’s standard pretrial diversion program. PTI stands for “pretrial intervention” and is used primarily for simple drug offenses not involving sale or delivery. Florida Statute 948.08(6)(a) allows the judge to court-order someone into the PTI substance abuse drug program without the consent of the prosecutor. Completion of PTI will result in the complete dismissal of all criminal charges.
Felony PTI: With and Without the Prosecutor’s Permission
Florida Statute 948.08 provides for a felony substance abuse program under two different scenarios. Florida Statute 948.08(2) requites the agreement of the prosecutor. This program is commonly referred to as drug court and requites the prosecutor to exercise discretion in admitting the defendant into PTI and again by exercising discretion by voluntarily dropping the charges. In contrast, Florida Statute 948.08(6)(a) allows the judge to dismiss the charges after the completion of a one-year court-ordered substance abuse program.
Florida Statute 948.08(6)(a), Substance Abuse Program
Florida Statute 948.08(6)(a) allows the court to order someone into PTI over the State’s objection. The relevant part of subsection (6)(a) reads “…a person who is charged with a nonviolent felony and is identified as having a substance abuse problem or is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, or any other crime involving violence; and who has not previously been convicted of a felony is eligible for voluntary admission into a pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period of not less than 1 year in duration, upon motion of either party or the court’s own motion.”
The beauty of PTI per Florida Statute 948.08(6)(a) is the cooperation and approval by the State Attorney’s Office is not required. This statute provides relief to many persons who can not otherwise qualify for the State’s standard pre-trial diversion program.
Who is Ineligible for PTI?
There are only two statutory reasons someone who is otherwise eligible for PTI may not be offered the program. Disqualification from the program can occur if:
- If a defendant previously rejected a substance abuse education and treatment intervention program, or
- If the state attorney can demonstrate the defendant was involved in dealing and selling drugs
Florida Statute 948.08(6)(c), Court Dismissal of all Charges
Florida Statute 948.08(6)(c) tells us what happens at the end of the minimum year long PTI program. Read below as I have underlined the last sentence.
“(c) At the end of the pretrial intervention period, the court shall consider the recommendation of the administrator pursuant to subsection (5) and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4), if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include substance abuse treatment programs offered by licensed service providers as defined in s. 397.311 or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.” Thus the court, even over the State’s objection can dismiss any criminal charge eligible for PTI pursuant to subsection (6)(a). Call our criminal defense law firm in Winter Park, Orange County, Florida for a full explanation on court-ordered felony pretrial invention.
Felony PTI for Third-Degree Felony Drug Charges
Court ordered PTI for felony drug charges is a statutory-based program for persons who do not otherwise qualify for the State’s standard pretrial diversion program. PTI stands for “pretrial intervention” and is used primarily for simple drug offenses not involving sale or delivery. Florida Statute 948.08(6)(a) allows the judge to court-order someone into the PTI substance abuse drug program without the consent of the prosecutor. Completion of PTI will result in the complete dismissal of all criminal charges.
Felony PTI: With and Without the Prosecutor’s Permission
Florida Statute 948.08 provides for a felony substance abuse program under two different scenarios. Florida Statute 948.08(2) requites the agreement of the prosecutor. This program is commonly referred to as drug court and requites the prosecutor to exercise discretion in admitting the defendant into PTI and again by exercising discretion by voluntarily dropping the charges. In contrast, Florida Statute 948.08(6)(a) allows the judge to dismiss the charges after the completion of a one-year court-ordered substance abuse program.
Florida Statute 948.08(6)(a), Substance Abuse Program
Florida Statute 948.08(6)(a) allows the court to order someone into PTI over the State’s objection. The relevant part of subsection (6)(a) reads “…a person who is charged with a nonviolent felony and is identified as having a substance abuse problem or is charged with a felony of the second or third degree for purchase or possession of a controlled substance under chapter 893, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud; who has not been charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, or any other crime involving violence; and who has not previously been convicted of a felony is eligible for voluntary admission into a pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period of not less than 1 year in duration, upon motion of either party or the court’s own motion.”
The beauty of PTI per Florida Statute 948.08(6)(a) is the cooperation and approval by the State Attorney’s Office is not required. This statute provides relief to many persons who can not otherwise qualify for the State’s standard pre-trial diversion program.
Who is Ineligible for PTI?
There are only two statutory reasons someone who is otherwise eligible for PTI may not be offered the program. Disqualification from the program can occur if:
- If a defendant previously rejected a substance abuse education and treatment intervention program, or
- If the state attorney can demonstrate the defendant was involved in dealing and selling drugs
Florida Statute 948.08(6)(c), Court Dismissal of all Charges
Florida Statute 948.08(6)(c) tells us what happens at the end of the minimum year long PTI program. Read below as I have underlined the last sentence.
“(c) At the end of the pretrial intervention period, the court shall consider the recommendation of the administrator pursuant to subsection (5) and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4), if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include substance abuse treatment programs offered by licensed service providers as defined in s. 397.311 or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.” Thus the court, even over the State’s objection can dismiss any criminal charge eligible for PTI pursuant to subsection (6)(a). Call our criminal defense law firm in Winter Park, Orange County, Florida for a full explanation on court-ordered felony pretrial invention.
