Sarasota Pretrial Diversion & PTI Lawyer
If protecting your record is a priority, diversion may be an option worth evaluating early. Pretrial intervention, often called PTI, can give an eligible person an opportunity to complete requirements while prosecution is deferred. Admission and the final disposition depend on the particular program, charge, history, and required approvals.
Former prosecutor Daniel D. Nawara represents people facing criminal charges in Sarasota and Bradenton. Request a free consultation or call (941) 920-5514 to discuss whether a diversion request fits your case.
What is the difference between diversion and probation?
Diversion describes a range of alternatives to ordinary prosecution. PTI is one form, with a statutory framework in Florida Statutes section 948.08. Successful participation may lead to dismissal under the applicable agreement and legal process. Probation is a court-ordered sentence or disposition with different consequences for violations.
Pretrial release supervision is also different. Reporting to a pretrial officer while a case is pending does not mean the charge will be dismissed. Before signing anything, identify the program, required admissions or waivers, completion terms, and what happens if participation is unsuccessful.
Who may qualify for PTI?
The general eligibility language in section 948.08(2) includes first offenders, and people with no more than one prior nonviolent misdemeanor conviction, charged with a misdemeanor or third-degree felony. It requires specified approvals and consent, including the program administrator, State Attorney, victim, and judge identified by the statute. Participation must be voluntary after consultation with counsel and involves a speedy-trial waiver for the diversion period.
These statutory criteria do not guarantee admission to every local program. Other treatment-based provisions have different eligibility rules. The charge, prior cases, alleged conduct, restitution, treatment needs, and current local policies must be examined. Counsel should confirm the actual Sarasota or Manatee program being considered.
What might a diversion agreement require?
Requirements vary. An agreement may address education, counseling or treatment, community service, restitution, testing, supervision, fees, and avoiding new offenses. The written terms should identify deadlines and the process for documenting completion.
Keep a copy of the signed agreement and every completion certificate.
Track each deadline and save payment or restitution receipts.
Tell counsel promptly about an inability to comply, rather than waiting for the deadline to pass.
Confirm any requested extension or modification through the proper process.
Under section 948.08, prosecution can resume if obligations are not fulfilled or other statutory grounds apply. The final disposition must be confirmed in the court record; completion is not a reason to ignore a remaining court date.
How counsel can present a diversion request
A request should explain why the person and the case fit the available program. Counsel can review the evidence, criminal history, personal circumstances, restitution issues, and documented steps toward treatment or education. Legal defenses should also be considered before accepting an agreement or waiving rights.
The defendant or immediate family must not personally contact the victim or the victim's immediate family to obtain consent under section 948.08(2). Let counsel address the appropriate process, and obey every no-contact order.
Will diversion erase the arrest?
A dismissal does not automatically erase court or arrest records. Eligibility for a separate sealing or expungement process must be evaluated under its own rules. Read our record sealing and expungement guide.
Common questions about diversion
Does having no criminal history guarantee PTI?
No. The charge, program rules, circumstances, and required approvals still matter.
Can every felony be diverted?
No. Different statutory and local programs have different limits. Serious offenses and particular charge restrictions require careful review.
Is DUI diversion the same as ordinary PTI?
No. DUI-related programs may have separate eligibility and disposition terms. Ask what the proposed agreement actually does to the charge and license consequences. See DUI defense.
Discuss options for your case
Bring the charging document, court notice, and information about any prior cases. Explore theft defense, drug possession defense, or all practice areas. Contact Nawara Law to discuss representation.
Updated September 25, 2026. General information, not legal advice. Eligibility and outcomes depend on current law, the program, and the individual case.