Pre-Trial Intervention in Polk County, FL

In many misdemeanor cases and some lower-level felony cases, the state attorney’s office might agree to drop the charges against you if you complete a diversion or intervention program. You can enter the diversion program either before formal charges are filed or after formal charges are filed.

If you enter the diversion program before any formal charge is filed, you must sign a prefile diversion contract. If you enter the diversion program after any formal charge is filed, then you will be required to sign a pretrial diversion contract.

This article discusses the misdemeanor and felony diversion programs in Polk County, FL, for cases pending at the courthouse in Bartow or Winter Haven, FL.

Offers for PTI are common for the following types of misdemeanor charges: petit theft, misdemeanor retail theft, misdemeanor domestic violence, and trespass.

The benefits of entering PTI occur after all special conditions are completed because the prosecutor with the State Attorney’s Office will drop the charges. After the charges are dropped, you might be eligible to expunge the criminal history record if you have no prior convictions with an adjudication in Florida.

Other types of diversion programs offered by the Office of the State Attorney in Polk County, FL, include:

• Misdemeanor Prefile Diversion
• Misdemeanor Pretrial Diversion
• Drug diversion
• Traffic diversion
• Varied regular diversion

The State Attorney’s Office determines eligibility for a diversion program on a case-by-case basis, which depends on many different factors.

Attorney for PTI in Polk County, FL

If you are accused of a misdemeanor in Polk County, FL, contact an experienced criminal defense attorney about the pros and cons of entering the prefile or pretrial diversion or intervention program.

If you are innocent, or the prosecutor with the State Attorney’s Office cannot prove the charge against you, the best result is winning the case outright. In other words, if you decide not to enter a diversion program, you might be better off if your attorney wins a motion to dismiss or if the jury returns a “not guilty” verdict at trial. Before you decide, contact us to discuss the case.

Our criminal defense attorneys also help clients who have been rejected from a diversion program because of a prior record or a new arrest. We also represent clients with an outstanding arrest warrant issued because of an accusation that they violated the conditions of their pre-trial release.

For more information, call our office at 813-250-0500.

Sample Misdemeanor Prefile Diversion Contract in Polk County, FL

OFFICE OF THE STATE ATTORNEY, TENTH JUDICIAL CIRCUIT

Defendant’s  Name: ______________
Case Number: ______________

MISDEMEANOR PRE-FILING DIVERSION CONTRACT

I, [defendant’s name] agree to perform the following terms as a condition of my participation in the State Attorney’s Office Diversion Program. All monthly appointments must be attended and are located at the Polk County Courthouse, State Attorney’s Office, Diversion, 255 N. Broadway Ave, Bartow FL 33830, 2nd Floor, Red Elevators.

1. On your first appointment, a $150.00 Cost of Diversion fee will be due by ______ at 9:00 a.m.
2. On your second appointment, you will be required to pay a $80.00 appointment fee, watch an educational video, and pay investigative costs in the amount of $183.12 to PCSO. **Please allow extra time for this appointment due to your educational requirement***
3. On your third and final appointment, you will be required to pay a $80.00 appointment fee and turn in all requirements listed below:
   • ☐ Life Skills Course 4 Hours
   • ☐ Theft Course _____ Hours
   • ☐ Domestic Violence Course _____ Hours
   • ☐ No contact with incident location
   • ☐ Letter of apology to ___________________________
   • ☐ Donation to ___________________in the amount of $ ________
   • ☐ Perform 10 hours Community Service at an approved location. May buy out at $12.00 an hour.
     ☐ Pay Restitution in the amount of $_________ to __________________________. Please bring the money order to the State Attorney’s Office for processing.
     ☐ Other Special Conditions: ________________________________________________________
4.  While in the Misdemeanor Diversion Program, I will not violate any local, state, or federal laws.
5. Remain gainfully employed, actively seeking employment, or attending school.
6. Inform the State Attorney’s Office of any changes in address or phone number.
7. By entry into the diversion programs, I agree to waive my right to speedy trial.
8. All payments must be separate and in the form of a money order.

I understand that if I successfully complete the conditions of this contract, all criminal charges with regard to this case will be dismissed. If I fail to complete the conditions of this contract, I may be prosecuted to the fullest extent of the law. The decision as to whether or not I have successfully completed the conditions of this contract is determined solely by the State Attorney’s Office. All fees and costs are non-refundable. If I have questions regarding this contract, I will contact the State Attorney’s Office Diversion Staff at (863)534-4878.

__________________________________
Defendant Signature
__________________________________
Mailing Address

___________________________

[Name of the State Attorney’s Office Personnel]

Unit Supervisor-Diversion

Office of the State Attorney, 10th Circuit

255 N. Broadway Ave., 2nd Floor

Bartow, FL 33830

863-534-4926

Contract Date
______________

Misdemeanor Regular Contract Revised 10/17/2023

Sample PTI Contract in Polk County, FL

Office of the State Attorney, Tenth Judicial Circuit

Pretrial Intervention Contract in Polk County, FL

Defendant’s Name:_______
Case Number: __________

I, _______, agree to perform the following terms as a condition of my participation in the State Attorney’s Diversion Program.

1. On your first appointment, pay $125.00 for the “Cost of Diversion fee” which must be paid on ________ at 9:00 a.m. (4 weeks from court date).
2. On your second appointment, you will be required to pay a $70.00 appointment fee, watch an educational video, and pay investigative costs in the amount of $_____ in the form of a money order may payable to _______.
3. On your third and final appointment, you will be required to pay a $70.00 appointment fee, watch an educational video, and turn in all requirements listed below:
   • ___ Domestic Violence Evaluation and proof of completion of all recommended follow up treatment (DV Eval/Treatment)
   • ___ NCTI School
   • ___ Anger Management Class __ Hours
   • ___ Perform 10 hours of community service at an approved location (may buy out at $84.60)
   • ___ Additional Community Service Hours in the amount of ___
   • ___ Pay restitution in the amount of $____ to _______ (please bring the money order to the State Attorney’s Office for processing)
   • ___ Psychological evaluation and completion of all recommended treatment
   • ___ Letter of apology to ________
   • ___ No contact with _________.
   • ___ Other: ________
4. While in the Misdemeanor Diversion Program, I will not violate any local, state, or federal law.
5. Remain gainfully employed, actively seeking employment, or attending school.
6. Inform the State Attorney’s Office of any change in address or phone number.
7. By entering into the diversion program, I agree to waive my right to a speedy trial.
8. All payments must be in the form of a money order.

I understand that if I successfully complete the conditions of this contract, all criminal charges with regard to this case will be dismissed. If I fail to complete the conditions of the contract, I may be prosecuted to the fullest extent of the law.

The decision as to whether or not I have successfully completed of this contract is determined solely by the State Attorney’s Office. All fees and costs are non-refundable If I have questions regarding this contract, I will contact the State Attorney’s Office Diversion Staff at 863-534-4848.

Defendant Signature
Contract Date
Mailing Address
Phone Number
State Attorney’s Office Personnel

Additional Resources

State Attorney’s Diversion Programs in Polk County, FL – Visit the website of the State Attorney’s Office for the Tenth (10th) Judicial Circuit to learn more about services provided for the various diversion programs. To accept entry into the diversion program, the website explains why the defendant must report to the following location the week following the arraignment or court hearing. At the Bartow Courthouse, the defendant must report to the 1st Floor (next to Red elevators) at 255 N. Broadway Ave., Bartow, FL, 33830. The defendant might be given special instructions on how to log in to the SAO10 Diversion page to view videos.

This article was last updated on Monday, May 5, 2025.