Deferred Prosecution Agreement
In Manatee County, FL, the prosecutors are fond of using deferred prosecution agreements to resolve different types of cases including criminal traffic misdemeanors.
The different types of diversion programs in Manatee County, FL, cover different types of cases including some types of criminal traffic, misdemeanor non-criminal traffic, domestic violence misdemeanors, or non-serious felony offenses.
When it comes to the deferred prosecution agreements for criminal traffic misdemeanors, if the state attorney’s office believes that you didn’t complete one of the conditions on time or if you get arrested for a new offense, then the SAO will file a memorandum in court.
The memorandum explains why you allegedly failed to complete PTI or the criminal traffic deferred prosecution agreement.
The court might set a court date for you to explain or issue a warrant for your arrest. If you miss a court date, the bench warrant might be issued for their arrest.
Criminal traffic deferred prosecution agreements are common for misdemeanor traffic offenses such as DRIVING WHILE LICENSE CANCELLED, SUSPENDED OR REVOKED WITH KNOWLEDGE as a first or second offense.
Attorney for Deferred Prosecution Agreements in Manatee County, FL
If you were rejected from the deferred prosecution agreement program or another type of pre-trial diversion program in Manatee County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm.
Our attorneys might be able to get you reentered into a pretrial diversion program so that the arrest warrant can be withdrawn.
In other cases, your criminal defense attorney can help you fight the charges on the merits for an outright dismissal or other pre-trial resolution if reentering the program is not an option.
What is the Criminal Traffic Deferred Prosecution Agreement?
When it comes to the rights of the accused, entering a deferred prosecution program has collateral consequences. Getting the charges dismissed on the merits leads to a better result.
The deferred prosecution program offers a person accused of a criminal traffic crime the chance to enter the program prior to or at their arraignment. A representative of the State Attorney’s Office, usually the program coordinator, explains the details to them.
The Deferred Prosecution Program in Manatee County gives a person accused of a minor criminal traffic offense a chance to avoid a conviction if they voluntarily adhere to certain requirements imposed by the State Attorney’s Office which might include paying approximately $230 in fees to the State Attorney’s Office, avoiding additional traffic violations, and obtain a driver’s license (if possible).
The Manatee County Deferred Prosecution Program can be completed in six months. The benefits of successfully completing the program is getting the charges dropped or being eligible to expunge the criminal history record. The program has been in place for more than 10 years.
Critics of the Deferred Prosecution Program complain that the program allows offenders to spend money to buy their way out of a conviction without fixing the underlying problem (such as not having a valid license). Others complain that the program reduced the chance that the defendant is referred to immigration authorities.
The attorneys at Sammis Law Firm also represent clients in Manatee County, FL, after they are rejected from criminal traffic deferred prosecution agreement.
Example of the Criminal Traffic Deferred Prosecution Agreement
In the County Court in and for Manatee County
Twelfth Judicial Circuit, State of Florida
State of Florida,
CRIMINAL TRAFFIC DEFERRED PROSECUTION AGREEMENT
Charge(s): Driving While License Cancelled, Suspended, or Revoked (with knowledge – second offense)
It is alleged that you have committed a criminal traffic offense, or offenses, in violation of Florida Statute. After an investigation of the criminal traffic offense(s) and your background, it appears that the interests of the State of Florida and your own best interest may be served by allowing you to participate in a diversion program.
During this period of deferred prosecution, I, the undersigned, agree to comply with the following conditions:
1. I shall not violate any criminal laws. In the event of an arrest or criminal traffic citation while in the Diversion Program, the state attorney may exercise discretions on a case by case basis with regard to the types of charges which will result in dismissal from the program. Should the State Attorney determine during participation in the program that I did not qualify for the program, I will be subject to automatic dismissal from the program.
2. I shall pay a total of $230.00 in program fees. The payments may only be made by cashier’s check or money order and must be mailed or hand delivered to the Office of the State Attorney, Twelfth Judicial Circuit, P.O. Box 1000, Bradenton, FL 34205. I shall provide two (2) separate cashier’s checks or money orders: $180 made payable to Comptroller, State of Florida and $50.00 made payable to Crime Stopper of Manatee County, Inc. All fees must be paid within sixty (60) days.
3. I shall if eligible, obtain a valid driver’s license and notify the Department of Highway Safety and Motor Vehicles of my correct address, within six (6) months of this court date with the possibility of early termination by completing all requirements within three (3) months.
4. Reinstate driver’s license, keep the driver’s license valid, and pay TPTI fees
During this period of deferred prosecution, the State Attorney may revoke or modify the conditions of the program by:
PROSECUTING YOU FOR THIS OFFENSE IF YOU VIOLATE ANY OF THE CONDITIONS.
The parties stipulate and agree that this agreement is a deferral of prosecution and not a contract of immunity. Should the defendant be terminated from the program or fail to meet the conditions of this agreement within 6 months, the agreement shall be void and all fees forfeited at the discretion of the State Attorney, without notice or hearing, and the prosecution may then be instituted.
By signing this deferred prosecution agreement, the defendant, withdraws or waives his right to a speedy trial in this case, under the constitution and laws of the state of Florida and the United States.
This article was last updated on Friday, January 15, 2021.