Pretrial Intervention (PTI) — Polk County FL

You’ve been arrested for the first time and the State hasn’t filed formal charges yet. That window — between arrest and the filing decision — is the most important and most underused opportunity in the Florida criminal process. Pretrial Intervention (PTI) is how you use it. PTI is a diversion program that lets eligible first-time offenders complete a supervision period and walk away with the charges dismissed — no plea, no conviction, and no adjudication on your record. I’m Tonmiel Rodriguez, a Board Certified Criminal Trial Lawyer in the 10th Judicial Circuit, and I have negotiated PTI agreements for clients in Polk County courts. I know what the State Attorney’s Office weighs in a diversion decision, how to package an application so it is accepted, and the missteps that get one rejected.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

The Law: § 948.08, Florida Statutes

Section 948.08 of the Florida Statutes creates the legal framework for Pretrial Intervention in Florida. It authorizes the State Attorney’s Office and the Department of Corrections to establish a pretrial intervention program for first-time offenders charged with nonviolent offenses. The critical language: “Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for voluntary admission into a pretrial intervention program.”

Upon successful completion of the program, “the court shall dismiss the charges against the defendant.” That word — “shall” — is not discretionary. If you qualify, apply, get accepted, and complete the program, the charges are dismissed. The statute also authorizes an extended pretrial intervention period (up to 2 years) and allows the SAO to divert cases before formal charges are filed, which is often the best outcome of all.

Who Qualifies for PTI in the 10th Judicial Circuit?

PTI eligibility in Polk County requires meeting both the statutory criteria and the 10th Circuit SAO’s internal guidelines. The baseline statutory requirements:

• First-time status: No prior felony convictions. Generally no more than one prior nonviolent misdemeanor conviction.
• Eligible charge: Any misdemeanor, or a third-degree felony. PTI is not available for first or second-degree felonies.
• Nonviolent nature: Crimes of violence are generally excluded. This includes battery, assault with physical contact, robbery, and similar offenses.
• Prosecution consent: The State Attorney’s Office must agree. PTI is not a right — it requires the prosecutor’s consent.
• Victim non-objection: If there is an identifiable victim, their position is considered. A victim’s strong objection can block PTI approval in many cases.

Offenses specifically excluded from PTI eligibility under Florida law include: crimes of violence, crimes involving use of a firearm, trafficking offenses with mandatory minimums, domestic violence offenses (separate programs may apply), and certain sexual offenses. The 10th Circuit SAO has prosecutorial discretion — they can accept or decline PTI applicants within these parameters. My job is to present your case in the strongest possible light to the assigned ASA and, where necessary, escalate to supervising prosecutors.

How to Apply: The PTI Process in Polk County

Before Charges Are Filed — The Best Time to Act

The most favorable PTI scenario is being accepted before the State files formal charges. If we approach the SAO during the charging decision window — typically 30-90 days after arrest for most charges — the prosecutor can divert the case to PTI without ever filing an information. That means no formal charging document, no arraignment, no public court record of prosecution. The case simply diverts. This requires fast action. I contact the assigned intake prosecutor promptly after being retained and present a proactive package: background on the client, mitigating circumstances, the reason this case is an appropriate candidate for diversion.

After Charges Are Filed

If formal charges are filed before PTI is arranged, you can still apply. After arraignment, the defense submits a PTI application to the State Attorney’s Office. The application typically includes a personal statement, background information (employment, family, education, community ties), references, and documentation supporting your eligibility. The SAO reviews the application and the arrest record and makes an acceptance decision. If accepted, the case is transferred to the PTI program coordinator.

PTI Conditions in Polk County

Once accepted into PTI, the defendant signs a PTI contract agreeing to specific conditions. In the 10th Judicial Circuit, these typically include:

• Regular check-ins: Monthly (or more frequent) reporting to the PTI supervising officer, either in person or by phone/mail depending on the supervision level.
• Drug testing: Random urinalysis testing throughout the supervision period. A positive test is a PTI violation and can result in being terminated from the program.
• Community service: Typically 25-100 hours depending on the charge and circumstances. Hours must be completed at an approved nonprofit or government agency.
• Counseling or treatment: If the charge involved substance use, anger management issues, or other behavioral factors, the SAO may require completion of a specific counseling program.
• No new arrests: A new arrest during PTI — for anything — is typically immediate grounds for termination.
• No contact orders: If there was an identifiable victim, a no-contact condition is standard.
• Program fees: Polk County PTI involves administrative fees. These vary but typically run several hundred dollars over the supervision period. Inability to pay is a factor — if financial hardship is genuine, it must be disclosed upfront and documented.

How Long Does PTI Take in Polk County?

The standard PTI supervision period in the 10th Circuit is 6 to 18 months. Simple cases with cooperative defendants often run 6-12 months. Cases involving more complex conditions (extensive counseling requirements, longer community service, or cases where the SAO insisted on a longer period) run longer. The statute authorizes a period up to 2 years. At the end of the supervision period, the PTI coordinator reports to the State Attorney’s Office. If all conditions are satisfied, the SAO files a dismissal of charges. The case is over.

What Happens If You Fail PTI?

If you are terminated from PTI — for a new arrest, positive drug test, missed check-ins, failure to complete conditions, or any other substantial violation — the case is returned to the normal prosecution track. The State re-files charges (if they hadn’t yet) and the case proceeds from where it left off. Critically, statements you made during the PTI process and information gathered during supervision can sometimes affect the prosecution, though PTI agreements typically contain confidentiality provisions about self-incriminating disclosures. Termination from PTI is not automatic conviction, but it puts you back in the ordinary criminal process with whatever leverage you had before, and often less.

This is why proper preparation before accepting PTI conditions matters. Don’t enter a PTI program that requires drug testing if you cannot reliably pass it, only to fail later. If you are unable to pay the fees, disclose that at the outset. And if conditions are unreasonable or unachievable given your circumstances, negotiate modifications before signing the contract. I review every PTI agreement with clients before they sign it and flag unrealistic conditions before they become violation grounds.

PTI and Expunction

Completing PTI and getting your charges dismissed is not the end of the process if you want a clean record. The dismissal resolves the court case, but the arrest record still exists in FDLE, county records, and background check databases. To remove it, you must separately apply to FDLE for expunction under § 943.0585. PTI completion makes you eligible for expunction — you satisfied the requirement that the charges be dismissed without adjudication. I advise every PTI client to begin the expunction process immediately after the dismissal order is entered. The FDLE process takes 10-14 weeks — the sooner you start, the sooner the arrest is gone.

PTI vs. Drug Court vs. Deferred Prosecution

Program	Who It’s For	Requires Plea?	Charges Dismissed On Completion?
PTI (§ 948.08)	First-time nonviolent offenders	No	Yes
Drug Court (§ 397.334)	Defendants with substance dependency	Yes (plea to enter)	Varies — often reduced or dismissed
Deferred Prosecution	Case-by-case SAO agreement	No	Yes, upon condition completion
Withhold of Adjudication	Any defendant where SAO agrees	Yes (plea required)	No — charge stays, conviction withheld

What Makes a PTI Application Succeed or Fail?

Not all PTI applications are treated the same. The 10th Circuit SAO uses its prosecutorial discretion to evaluate each application, and how your application is packaged and presented to the assigned ASA matters. After years of doing this in Polk County, I have seen what separates approved applications from rejected ones.

Applications that tend to succeed present a complete picture of the client as a person — not just the offense. This includes current employment documentation, evidence of community ties (family, church, civic involvement), educational enrollment or completion, letters from employers or community members who know the client personally, and documentation of any steps the client has already taken since the arrest (substance abuse counseling, anger management, restitution offers). The narrative matters. The prosecutor isn’t just reviewing a checklist — they are deciding whether this person is a good candidate for diversion versus prosecution.

Applications that fail often arrive incomplete, late, or without context for the arrest. Some fail because the applicant has prior contacts with law enforcement that are technically within the statutory eligibility window but which the SAO views unfavorably. Others fail because the victim has been contacted and has communicated strong opposition before the defense was even in the picture. My approach is to get ahead of these factors: understand the SAO’s perspective before submitting, address concerns proactively, and make the case for diversion as early and as compellingly as possible.

For clients who have been rejected at the intake level, I request review by a supervising prosecutor. This escalation is not automatic — it requires a specific written request and a strong legal and factual basis. I have obtained PTI acceptance on review in cases where initial intake decisions went against the client. The answer is not always no — it sometimes depends on who makes the final call and how the case is presented to them. If PTI is not available, understanding the full picture of first-time offender options remains critical to a good outcome.

Frequently Asked Questions — PTI

Can I get PTI for a drug possession charge in Polk County?

Yes, drug possession charges — including simple possession of cannabis, cocaine, methamphetamine, or prescription drugs without a valid prescription — are often good candidates for PTI. Third-degree felony possession (21 grams to 20 grams of cannabis, small amounts of controlled substances) is within the eligible charge range. The SAO will typically require drug treatment or counseling as a condition, and drug testing is mandatory. Drug trafficking charges carry mandatory minimums and are not eligible for PTI.

What if I live outside Polk County — can I still do PTI?

Yes, but supervision is coordinated with the probation office in your county of residence. Polk County PTI participants who live in Orange County, Hillsborough County, or elsewhere report to their local county’s supervision office. Reporting requirements are the same — the logistics are handled between the two counties’ probation offices. This does not change eligibility, though it can affect the type and frequency of supervision.

Will PTI show on a background check?

The arrest record is public until expunged. During the PTI supervision period and until the expunction is completed, background checks will show the arrest — and may show a pending case or dismissal depending on timing. Private background check databases sometimes lag behind court records. After expunction is completed and agencies comply with the order, the record is removed from public access. The goal is to complete PTI, get the dismissal, and immediately start the expunction process.

Can the State reject my PTI application even if I meet all the statutory criteria?

Yes. PTI under § 948.08 requires the prosecutor’s consent — it is not a right that can be compelled even when all statutory criteria are met. However, a denial that appears arbitrary or in bad faith can be challenged, and in some circumstances the court has authority to admit a defendant to PTI over the State’s objection. This is a limited avenue and requires a specific motion. The better path is to present the strongest possible application from the outset and address SAO concerns before they become grounds for rejection.

What happens to my immigration status if I enter PTI?

PTI does not involve a plea of guilty or a finding of guilt — it is a diversion program that ends in dismissal. For most immigration purposes, a PTI dismissal is more favorable than a conviction. However, the underlying charge and any admissions made during the PTI process can have immigration implications depending on your specific visa or status. If you are not a U.S. citizen, the immigration consequences of any criminal charge must be analyzed before entering PTI. See our Immigration Consequences page for more detail, and ensure your criminal defense attorney coordinates with an immigration attorney before you sign any PTI agreement.

How much does PTI cost in Polk County?

PTI program fees in Polk County vary based on the charge and the supervision requirements. Administrative and supervision fees typically range from a few hundred to over one thousand dollars over the supervision period. Community service hours have no dollar cost but require your time. Counseling or treatment programs, if required, have their own costs — usually paid directly to the provider. Financial hardship can be addressed with the PTI coordinator if documented, but claiming hardship while demonstrating ability to pay will damage your credibility with the SAO. I go through all fee obligations with clients before the PTI contract is signed so there are no surprises mid-program.