Pretrial Diversion and PTI Lawyer in Hillsborough County

If you have been arrested in Tampa for a first-time offense, pretrial diversion may be the difference between a dismissed case and a permanent criminal record. The Mayberry Law Firm represents people facing misdemeanor and felony charges throughout Hillsborough County, and one of the first questions we ask in every consultation is whether you qualify for a diversion program. Hillsborough County operates one of the most developed diversion ecosystems in Florida, with separate tracks for misdemeanors, third-degree felonies, drug cases, DUI, domestic violence, mental health issues, and veterans. Getting into the right program at the right time can lead to a dismissal, preserve eligibility to seal or expunge your record, and protect your career. Call (813) 444-7435 to speak with Jason Mayberry, a Tampa criminal defense attorney and former prosecutor who handles diversion cases across the Thirteenth Judicial Circuit.

What Is Pretrial Diversion Under Florida Law?

Pretrial diversion, often called pretrial intervention or PTI, is a statutory program that allows eligible first-time offenders to avoid a criminal conviction by completing a supervised set of conditions before trial. Under Fla. Stat. § 948.08, the Florida Department of Corrections supervises pretrial intervention programs for people charged with misdemeanors or third-degree felonies, providing counseling, education, supervision, and treatment when appropriate. A person is eligible if they are a first offender or have been previously convicted of no more than one nonviolent misdemeanor, the current charge is a misdemeanor or third-degree felony, and the program administrator, victim, State Attorney, and judge all consent. Successful completion results in the charges being nolle prossed in Hillsborough County, meaning the State Attorney drops the case and the defendant walks away without a conviction.

Hillsborough County, which makes up the entire Thirteenth Judicial Circuit, runs the felony PTI program through the Department of Corrections office at 7825 N. Dale Mabry Highway in Tampa. Misdemeanor diversion runs through the Hillsborough County Sheriff’s Office Probation Department. The two systems operate independently, with different applications, different supervision officers, and different fee schedules. Both, however, share the same underlying logic: complete the program, get the case dismissed.

The Mayberry Law Firm has guided clients through every major diversion track in Hillsborough County, from straightforward misdemeanor petty theft cases through complex felony drug PTI placements. Jason Mayberry, a former prosecutor, has worked on both sides of these decisions and understands what the State Attorney’s Office is looking for when evaluating a diversion request.

How Do You Qualify for Pretrial Diversion in Hillsborough County?

Eligibility for pretrial diversion in Hillsborough County turns on three factors: the nature of the charge, your prior record, and discretionary approval from the State Attorney’s Office.

The statutory baseline is set by Fla. Stat. § 948.08(2). The charge must be a misdemeanor or third-degree felony. You must be a first offender or have no more than one prior nonviolent misdemeanor conviction. The administrator of the program, the victim, the State Attorney, and the judge who presided at first appearance must all consent. The defendant must also waive the right to a speedy trial.

Beyond the statute, the State Attorney’s Office for the Thirteenth Judicial Circuit applies its own internal screening criteria. Cases involving violence, weapons, prior felony convictions, or DUI with aggravating factors are typically excluded from standard PTI. Some charges that look ineligible on paper can still be diverted through specialty courts or alternative programs, which is where having an experienced Tampa criminal defense attorney becomes critical. The State Attorney has wide discretion to approve or reject applications, and the way a case is presented at the front end often determines whether diversion is offered at all.

There is also a court-ordered drug PTI path under Fla. Stat. § 948.08(6)(a) that does not require the State’s consent. This applies to certain nonviolent drug-related charges, including possession of a controlled substance under Chapter 893, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, and obtaining a prescription by fraud. For these specific offenses, the court can place a defendant into a substance abuse education and treatment program, including drug court, even over a prosecutor’s objection, provided the defendant has no prior felony convictions and no charges involving violence.

What Diversion Programs Are Available in Tampa and Hillsborough County?

The Thirteenth Judicial Circuit runs multiple diversion tracks. Choosing the right one depends on the charge, the underlying circumstances, and the client’s goals.

Felony Pretrial Intervention (PTI). The standard felony program, supervised by the Florida Department of Corrections. Available for qualifying third-degree felonies including certain drug, theft, and fraud-related offenses. Typically lasts twelve to eighteen months and requires regular reporting, drug testing, community service, restitution if applicable, and program fees.

Misdemeanor Intervention Program (MIP). Administered by the Hillsborough County Sheriff’s Office Probation Department under the supervision of the State Attorney’s Office. Runs six months. Conditions typically include approximately $450 in fees and donations, at least 18 hours of community service, four drug screens beginning within seven days of signing the agreement, restitution if applicable, and any case-specific conditions. The State Attorney must consent before MIP is offered.

Reducing Impaired Driving Recidivism (RIDR). A first-time DUI diversion program available since 2018. Eligibility is limited: BAC of .20 or lower, no minor in the vehicle, no crash, no property damage, and no disqualifying criminal record. Completion results in the DUI being reduced to reckless driving with a withhold of adjudication, which preserves the possibility of sealing your record later. RIDR requires enhanced sanctions, including an ignition interlock device, SCRAM monitor, or drug patch.

Domestic Violence Intervention Program (DVIP). For misdemeanor-level domestic violence charges. Requires completion of a certified Batterers Intervention Program. The State Attorney must approve entry, and not every domestic violence case qualifies. For more on these cases generally, see our page on first-time domestic violence charges.

Drug Education and Treatment Reducing Recidivism (DETRR). A graduated drug-focused diversion track. Level One typically runs six months and is geared toward first-time drug possession cases that do not meet the threshold for full Drug Court.

Drug Court. A more intensive treatment-based program for third-degree felony drug offenses under Fla. Stat. § 948.08(6). Operates as both a pre-adjudication and post-adjudication program. Successful completion results in dismissal of the underlying charge.

Mental Health PTI. For defendants whose charges are connected to a diagnosed mental health condition. Requires eligibility under standard PTI plus additional clinical screening.

Veterans Treatment Court. Available for eligible defendants with qualifying military service whose charges are connected to service-related issues such as PTSD or substance abuse.

What Happens During the Pretrial Intervention Period?

Once approved, you sign a PTI agreement or MIP contract with the State Attorney’s Office, waive your right to a speedy trial, and begin reporting to a supervision officer. The agreement spells out every condition you must meet and the timeline for completion.

Typical conditions across Hillsborough County diversion programs include monthly in-person reporting, payment of program fees and a victim assistance donation, completion of community service hours, drug and alcohol screening, completion of any required treatment programs (substance abuse, anger management, theft prevention class, batterers intervention), payment of restitution to victims, and avoiding new arrests. Specialty courts add additional requirements such as judicial status hearings, frequent drug testing, and individualized treatment plans.

Failure to comply with the terms of diversion has direct consequences. Under Fla. Stat. § 948.08(4), the program administrator or State Attorney can move to revoke your participation at any time if you are not fulfilling your obligations or if the public interest so requires. The case then reverts to normal prosecution, you face the original charges, and any admissions made as a condition of entering the program can complicate the defense. This is one reason entry into a diversion program should not be a reflexive decision. For some clients, fighting the case on the merits, including filing a motion to suppress or motion to dismiss, produces a better outcome than diversion.

How Does Diversion Affect Sealing or Expunging Your Record?

This is one of the most consequential questions for any client considering diversion. The answer depends on the program, the charge, and how the case is resolved at the end.

In Hillsborough County, successful completion of PTI or MIP results in a nolle prosequi, meaning the State drops the charges. Because there is no conviction and no formal adjudication, the case is generally eligible for expungement under Fla. Stat. § 943.0585, provided the underlying charge is not on the list of offenses that cannot be expunged and the person has no prior felony convictions. Expungement results in the physical destruction of the records, with FDLE retaining only a confidential file.

If the charge is one that can be sealed but not expunged, or if adjudication is withheld rather than charges being dropped, sealing under Fla. Stat. § 943.059 may still be available. The distinction matters because expungement is the stronger remedy, but it is also more restricted. The Mayberry Law Firm walks clients through these implications before they enter any diversion program.

One important caveat: certain professional licensing boards, immigration authorities, and federal background checks may still see the underlying arrest and the diversion record, even after expungement. Teachers, nurses, military service members, and anyone with a security clearance need to weigh diversion carefully against the alternative of fighting the case and seeking an outright dismissal on the merits.

What Should You Do If You Think You Qualify for Diversion?

The first step is do not assume eligibility based on what a friend, a Reddit thread, or a generic legal website tells you. Eligibility in Hillsborough County depends on the specific charge code, your complete criminal history (including out-of-state and juvenile records that the State Attorney will pull), the specific assistant state attorney assigned to your case, and the judge who handles your arraignment.

The second step is do not walk into an arraignment, fill out a diversion application on the spot, and sign whatever the State Attorney’s Office hands you. The diversion contract is a binding agreement. It waives speedy trial, locks in conditions, and creates a record. Once signed, your options narrow dramatically. A Tampa criminal defense attorney can negotiate the terms of entry, sometimes secure a reduction in conditions, and in some cases secure an outright dismissal that makes diversion unnecessary.

The third step is to talk to a lawyer before deciding whether diversion is even the right path. The best outcome in any criminal case is the charges being dropped outright or dismissed on the merits. Diversion is a good outcome. Outright dismissal is better. Jason Mayberry and The Mayberry Law Firm evaluate every case for its defensive strengths before recommending diversion, and we will tell you honestly when diversion is the right move and when it is not.

Related Charges and Topics

Pretrial diversion intersects with nearly every category of state-level criminal charge in Hillsborough County. If you were arrested for a first-time offense, the relevant practice area page may include first-time DUI, petty theft or retail theft, or possession of a controlled substance. The Mayberry Law Firm handles all of these charges and routinely evaluates them for diversion eligibility from the day of intake.

Frequently Asked Questions About Pretrial Diversion in Hillsborough County

How long does pretrial intervention take in Hillsborough County?

Misdemeanor Intervention Program (MIP) typically runs six months. Felony PTI generally runs twelve to eighteen months. Specialty courts like Drug Court can run longer, often a year or more, depending on the individualized treatment plan and the participant’s progress.

Does entering a diversion program count as a conviction?

No. Successful completion of PTI or MIP results in the State Attorney filing a nolle prosequi, which means the charges are dropped and no conviction is entered. However, the arrest record remains until you take additional steps to seal or expunge it.

Can the State revoke my diversion if I get a new charge?

Yes. Under Fla. Stat. § 948.08(4), the State Attorney can move to revoke pretrial intervention if you are not meeting your obligations or if the public interest requires it. A new arrest is one of the most common grounds for revocation, and the original case will then be set back on the prosecution track.

Do I need a lawyer to apply for diversion?

You are not legally required to have a lawyer to apply, but it is rarely a good idea to apply alone. Diversion applications are negotiated agreements, and an experienced criminal defense attorney can shape the terms, push for reductions in conditions, and identify whether you have a stronger path through outright dismissal. A public defender will not represent you during PTI supervision under Fla. Stat. § 948.08(4).

Can I get into PTI if the State Attorney objects?

For most charges, no. The State Attorney’s consent is required under Fla. Stat. § 948.08(2). However, for certain drug-related offenses under Fla. Stat. § 948.08(6)(a), the court can place a defendant into a substance abuse pretrial intervention program over the State’s objection. This is a narrow path, but Florida appellate decisions including State v. Gullett have confirmed that the prosecutor’s consent is not a prerequisite for drug PTI in qualifying cases.

Will diversion show up on a background check?

The arrest will appear on a background check until the record is sealed or expunged. After diversion is successfully completed and you obtain a Certificate of Eligibility from FDLE, you can petition the court to seal or expunge the record. Certain entities, including some professional licensing boards, law enforcement agencies, and federal background investigations, can still see sealed records under specific exceptions in Fla. Stat. § 943.059.

Contact The Mayberry Law Firm About Your Hillsborough County Diversion Case

If you have been arrested in Tampa or anywhere in Hillsborough County and you want to know whether pretrial diversion is a realistic outcome in your case, do not guess. The decisions made in the first few weeks after an arrest, including whether to apply for diversion, when to apply, and what terms to negotiate, can shape the rest of your life. The Mayberry Law Firm offers a free consultation where we evaluate the charge, your prior record, and the strengths and weaknesses of the State’s case. Call Jason Mayberry directly at (813) 444-7435 or reach us through the firm’s contact page. These are serious charges, and the path you choose at the front end matters.