Pretrial Intervention and Diversion in Florida: How to Resolve a Criminal Charge Without a Conviction

Pretrial intervention (often called PTI, or “diversion”) is a program that lets some people charged with a Florida crime complete counseling, classes, community service, or supervision instead of facing a conviction. If the program is completed successfully, the prosecution is generally dismissed. It is not a right. Under Section 948.08, Florida Statutes, the felony-level program is aimed at first offenders, or people with at most one prior nonviolent misdemeanor, who are charged with a misdemeanor or a third-degree felony, and entry typically requires the approval of the program and the consent of the State Attorney. Other people and charges can be admitted through separate statutory tracks, and the rules differ by judicial circuit.

This article explains how diversion works in practice and where it falls short. It covers:

• Who can be considered for pretrial intervention in Florida
• Who has to agree before you are admitted, and why that matters
• What you give up to enter, and what you do while in the program
• How diversion compares with a withhold of adjudication and a plea
• What happens to the arrest record afterward
• The immigration question people forget to ask first

This article provides general legal information and is not a substitute for advice based on the specific facts of a case.

What pretrial intervention is

Most criminal cases end in one of three ways: a trial, a plea, or a dismissal. Diversion is a fourth path. The case is paused while you complete a set of conditions, and if you finish them, the State dismisses the charge instead of asking the court to convict you.

Three features define it:

• It happens before a plea or verdict. In a typical program you are not asked to plead guilty to enter. The charge stays pending while you participate. (Some local programs ask for more, so read the contract before signing.)
• It is voluntary and conditional. You choose to enter and you waive certain rights, including a speedy trial for the period of your participation. The program’s conditions are the price of the dismissal.
• It depends on discretion. Prosecutors, and sometimes the judge and the alleged victim, decide whether a particular case is a good fit. This is the same prosecutorial discretion described in How to Get Criminal Charges Dropped in Florida.

Florida law creates several programs that go by similar names, which is why the term is easy to confuse:

Program	Statute	Usually aimed at
Pretrial intervention	§ 948.08	First offenders charged with a misdemeanor or third-degree felony
Misdemeanor substance abuse, veterans, and mental health programs	§ 948.16	Misdemeanor defendants with a qualifying treatment need or service history
Drug-related and other specialized tracks	Further subsections of § 948.08	Certain drug charges and defendants with military service or mental health needs
Local State Attorney diversion	Set by each circuit’s program rules	Often lower-level charges; terms vary by county

The exact eligibility lines in each track have been amended over the years, so the version of the statute in force on the date of the offense and the circuit’s own program rules both matter.

Who is eligible

Under the core pretrial intervention provision of § 948.08, eligibility generally turns on three questions:

1. What is the charge? The program is aimed at misdemeanors and third-degree felonies. Second-degree and first-degree felonies, life felonies, and other serious charges are generally outside the standard program, although some specialized tracks reach further.
2. What is your history? A first offender, or a person with no more than one prior nonviolent misdemeanor conviction, is the statutory target. A prior felony conviction or a record of violence usually ends the discussion.
3. What are the facts? Even a person who fits the categories can be refused. Offenses involving injury, weapons, children, or a victim who objects are the ones prosecutors are least willing to divert. Charges that carry mandatory minimums are generally not diverted at all.

Eligibility on paper is the start of the analysis, not the end. A defense attorney who knows the local program can often tell, before any application, whether a case is likely to be accepted.

Who has to agree

This is the part that surprises most people. You cannot apply to a judge and win a place in the program on your own. The statute ties admission to the approval of the program administrator and the consent of the State Attorney, and it also provides for input from the victim and the judge who presided at the first appearance.

Decision-maker	Role in a typical § 948.08 admission
State Attorney	Must consent; can refuse for any reason within its discretion
Program administrator	Screens the person and the case for fit
Alleged victim	Their position is considered; the defendant may not personally contact the victim to seek consent
Judge	The judge who presided at the first appearance is given a role in the statute

Two practical points follow. First, do not contact the alleged victim to ask them to support your admission. The statute prohibits the defendant and the defendant’s immediate family from doing so, and a contact attempt can create a new problem, as explained in No Contact Orders in Florida. The request goes through your attorney and the prosecutor’s office. Second, timing matters. Referrals are usually made early, before the case is set for trial, and some offices will not consider a case once certain deadlines have passed.

What you do in the program

Conditions are tailored to the charge and the person, but they commonly include:

• Counseling or classes, such as anger management, theft education, or substance abuse treatment
• Community service hours
• Restitution to any person who suffered a loss
• Supervision, with periodic check-ins and, where relevant, drug testing
• Program fees and costs, which vary by program and by circuit
• No new arrests while the case is pending

The statute describes a defined supervision period, with the case continued without final disposition while you participate, and extensions available if more time is needed. Actual program length varies, from a few months to a year or more depending on the program and the charge.

If you complete the conditions, the court dismisses the case on the State’s motion. If you do not, the State can resume the prosecution as if the diversion never happened. The risk is real: you will have given up time, money, and possibly a speedy trial period without getting the dismissal. That is why the terms deserve a careful read before you sign, especially any language about admissions, fees, and what counts as a violation. A missed class is treated very differently in some programs than in others, and the consequences resemble those discussed in Violation of Probation in Florida.

Diversion compared with the other common outcomes

People often ask whether diversion is better than a plea with a withhold of adjudication. The answer depends on the goal, and the differences are significant:

	Pretrial intervention	Plea with adjudication withheld	Plea with adjudication
Plea required to enter	Generally no (check local terms)	Yes, guilty or no contest	Yes, guilty or no contest
Final result if completed	Charge dismissed	Probation; no formal conviction under state law	Formal conviction
Appears as a conviction in Florida	No	No, but the case remains visible	Yes
Eligible for expungement afterward	Possibly, after dismissal	Sealing is the usual route, not expungement	Neither remedy is generally available
Counts as a conviction for immigration purposes	Depends on whether there was a plea or admission; must be checked	Often yes	Yes
Who controls entry	State Attorney and program	Judge, with plea terms usually negotiated	Judge

The withhold row is why diversion deserves serious attention for people who qualify. As covered in Withhold of Adjudication in Florida, a withhold is a form of conviction-avoidance, but the case still ends in a plea and a sentence. Diversion, when it is available, ends in a dismissal.

What happens to the record afterward

A dismissal after successful diversion does not automatically erase the arrest from every database. The arrest, the booking, and the court file remain visible until a record is sealed or expunged, as explained in If Your Charges Are Dismissed, Do You Still Have a Criminal Record in Florida?.

In general terms:

• A dismissal can open the door to expungement under § 943.0585, Florida Statutes, if you otherwise meet the eligibility rules, which include never having had another record sealed or expunged. Some of the specialized programs in § 948.16 expressly mention expungement after dismissal.
• Florida allows only one. Using your expungement on a minor diverted charge could leave you unable to clear a later, more serious case, which is a reason to plan the sequence with an attorney rather than filing by reflex.
• Private databases lag. Background screening companies may keep reporting the arrest until they are told about the dismissal or the expungement.

The immigration question to ask before you enter

If you are not a U.S. citizen, ask your attorney about immigration consequences before you agree to any diversion program. This is where well-meant decisions go wrong.

Federal immigration law defines “conviction” in 8 U.S.C. § 1101(a)(48)(A) more broadly than Florida does. In general terms, a plea or admission of guilt, followed by any form of punishment, penalty, or restraint ordered by a judge, can count as a conviction for immigration purposes even when the state later dismisses the case. A diversion program that requires a guilty plea, a no contest plea, or a written admission of the facts therefore carries a risk that a program labeled “dismissal” will still be treated as a conviction by immigration authorities.

The details depend on the wording of the program agreement and the facts, and the law in this area has changed. The consequences can include loss of eligibility for relief, as discussed in Crimes Involving Moral Turpitude in Florida, and the points raised in Padilla Advisals in Florida about the duty to tell noncitizen clients about these risks. For the broader picture, see Criminal Charges and Immigration Status in Florida.

Questions to ask before you say yes

• Does the program require me to plead or sign an admission of any kind?
• What does completion cost in fees, hours, and time?
• What exactly counts as a violation, and what happens if I am accused of one?
• Will the State dismiss the case, or only agree not to prosecute? Is the dismissal in writing?
• Will I be eligible to expunge the record afterward, and what will it cost me in future options?
• If I am not a citizen, has an immigration attorney reviewed the paperwork?

What this means for your case

Pretrial intervention is one of the better outcomes available in Florida criminal law, because a completed program ends in a dismissal rather than a conviction. It is also discretionary, early-moving, and full of terms that matter. The right time to explore it is as soon as you are charged, before positions harden and before any plea, and with a lawyer who knows how the State Attorney in your county handles diversion. If you are not a citizen, the immigration review has to come first.

MK Law’s criminal defense attorneys represent clients across South Florida at every stage, including negotiating diversion with prosecutors. Call MK Law at 954.865.6032, available 24/7, to discuss a pending charge.

Frequently asked questions

Do I have to plead guilty to enter pretrial intervention in Florida?

Generally not for the standard § 948.08 program, because the charge is paused rather than resolved. But local programs and some specialized tracks have their own terms, and some require an admission. Read the agreement closely, and have an attorney review it before you sign.

Can I get into pretrial intervention if I have a prior record?

It depends on the record. The statutory target is a first offender or someone with no more than one prior nonviolent misdemeanor conviction. A prior felony or a violent history usually rules out the standard program, though a prosecutor can sometimes agree to other resolutions.

What happens if I do not finish the program?

The State can resume the prosecution on the original charge. The time and money you spent are generally not credited toward a sentence, and the waiver of speedy trial for the diversion period stays in place, which is why failing a program can leave you worse off than before.

Will a diverted charge show up on a background check?

Unless the record has been sealed or expunged, the arrest and the dismissal can still appear. After a dismissal, you may be eligible to seek expungement, and Florida’s automatic sealing rules may apply to some cases. See our guide to dismissed charges.

Is pretrial intervention the same as a withhold of adjudication?

No. A withhold follows a plea and ends in a sentence, usually probation. Diversion ends, if completed, in a dismissal. Both avoid a formal conviction under Florida law, but they are treated very differently in expungement and immigration analysis.

Can an alleged victim stop me from getting into the program?

A victim’s position is considered and the statute provides for victim input, but the decision still runs through the State Attorney and the program. Never contact the alleged victim yourself to ask for support. That is prohibited in the statute and can make the case worse.