Misdemeanor Pretrial Diversion (PTD)

For a first arrest, the State Attorney’s Office may offer you the opportunity to participate in the Pretrial Diversion (PTD) Program. The Orange County Community Corrections Division supervises anyone completing the program. Even people who live outside of Florida are able to participate in the misdemeanor pretrial diversion program.

If accepted into the program, you will meet with a Pretrial Diversion Officer who will determine when you have completed all the required tasks, including community service. If you successfully complete the Pretrial Diversion (PTD) program, the Office of the State Attorney will dismiss the charge. Your criminal record will show that you were charged with a crime and participated in a deferred prosecution program.

If you later decide not to complete the Pretrial Diversion Program, your case will be placed back on the court docket, and a court date will be scheduled.

Attorney for Misdemeanor PTD in Orange County, FL

Contact us to learn the pros and cons of entering the Pretrial Diversion (PTD) Program in Orange County, FL. If you decide to apply for PTD, we can help you minimize the court dates you must attend while waiting to be accepted into the program.

If you complete Pretrial Diversion (PTD), your criminal charges will be dropped, and you might be eligible to petition the court to expunge the criminal history record.

Having your record expunged is not a part of the Pretrial Diversion Program. Instead, your attorney can help you petition the court to expunge the record after you have completed the program and your case is dismissed.

Call 813-250-0500.

Eligibility for Misdemeanor PTD in Orange County, FL

The eligibility requirements for the Pretrial Diversion (PTD) Program in Orange County, FL, include:

• the subject was only charged with a misdemeanor and not a felony
• the subject can work and reside in the United States legally
• the subject has no more than one prior misdemeanor conviction
• acceptance into the program was approved by the Office of the State Attorney after reviewing the facts

The standard conditions of PTD include:

• being supervised for a length of time –
  • twelve (12) months for drug offenses and domestic violence cases
  • six (6) months for other misdemeanors
• Community service –
  • 40 hours (unless specified otherwise by SAO)
• Telephone Reporting fee $6 – $7 monthly, if applicable
• $50 State Attorney fee
• $50 monthly cost of supervision
• $17 drug test fee
• $20 intake fee
• Law Enforcement investigative costs, if applicable

If a judge has referred you to Pretrial Diversion, you must wait until the State Attorney approves your case.

Special Conditions for PTD in Orange County, FL

In addition to the listed standard conditions, special conditions may be required based on the specific charge. Any special condition added will be outlined in the contract. Those special conditions might include:

• Drug/Alcohol-Related Offenses
  • Substance abuse evaluation and any recommended treatment
  • Random observed urine screens
•  Theft, Fraud and Property Cases
  • Impulse Control/Theft Prevention Class
•  Battery Cases
  • Batterer’s Intervention Program (Domestic Violence partner related)
  • Anger Management Class (minimum of eight hours in divided sessions for non-partner related cases)
  • No contact/no hostile contact with victim
• Sex-Related Offenses
  • Sex offender assessment and any recommended treatment
  • Sexually Transmitted Diseases (STD) awareness class
• Resisting Officer Without Violence Cases:
  • Anger Management Class
  • Letter of apology
• Sale/Serve Alcohol to a Person Under 21 Years of Age
  • Class/program designed to educate regarding the law regulating selling alcohol to underage persons

Enrolling in Misdemeanor PTD in Orange County, FL

If you meet the eligibility requirements, then after you apply for the misdemeanor pretrial diversion program, the Office of the State Attorney will forward the referral to the Community Corrections Division of the Pretrial Diversion Unit.

If approved, you and your attorney will receive a letter in the mail instructing you to report for a Contract Signing appointment. A representative with the State Attorney’s Office, your attorney, and you will sign a contract explaining the standard and special conditions required to successfully complete the program, as well as the consequences of being rejected from the program.

After the contract is signed, you can begin the Pretrial Diversion program. The State Attorney will later mail a letter with instructions for reporting to the intake appointment. The intake appointment might be scheduled 12 weeks later.

Your criminal defense attorney will continue to appear for your court dates until you are admitted into PTD. If you do not have a criminal defense attorney or they do not excuse you from appearing for each courtdate, missing a court date may result in a warrant for your arrest. Most private attorneys will waive their client’s appearance at court dates during this period.

You can look up your case at the public website of the Clerk of the Court at www.myorangeclerk.com by searching for your name or case number. The clerk will also notify you of upcoming court dates via U.S. Mail. You must notify the court clerk in writing of any address changes or your criminal defense attorney can help you change your address with the clerk’s office.

If you are on Pretrial Release, you should continue to make your phone calls or see your officer until you sign the contract for Pretrial Diversion.

One week after you sign the contract, you can begin making payments for your cost of supervision fee. At your intake appointment you will be instructed on how and when to pay your fees.

Additional Resources

Pretrial Diversion Program (PDP) – The Community Corrections Division of the Orange County Corrections Department published information on the Pretrial Diversion Program (PDP).

This article was last updated on Friday, September 13, 2024.