What Does a Pretrial Diversion Agreement Actually Look Like?

By: John Guidry

We have talked about the benefits of Pretrial Diversion (PTD) or Pretrial Intervention (PTI)—namely, that it gets your charges dropped. But what does this so-called agreement actually look like? Don’t you want to read the fine print before you sign your life away?

Criminal Lawyer John Guidry is here to help you navigate this maze of legal jargon. Below is a breakdown of a sample PTD contract so you know exactly what to expect.

Considering PTD/PTI to clear your record?

Make sure you understand the terms. Call John today at (407) 423-1117.

The Anatomy of a PTD Contract

While every county in Florida has slightly different forms, the core structure remains the same. Here is a sample agreement broken down section by section.

1. The Setup (The Charges)

The agreement starts by listing the specific crimes you are accused of. In this example, the defendant is facing a mix of drug, behavioral, and theft charges.

OFFENSE(S):

• POSSESSION OF CANNABIS < 20 GRAMS
• RESISTING AN OFFICER WITHOUT VIOLENCE
• PETIT THEFT

2. The Deal (Deferred Prosecution)

This is the most important paragraph. It states that the State Attorney is agreeing to pause the prosecution for a specific time (usually 6 to 12 months). If you finish the program, that pause becomes permanent (a dismissal).

“Prosecution in this matter for said violation(s) will be deferred for a period of 6 months from this date, provided you abide by the following conditions…”

3. The Conditions (Your “To-Do” List)

This is where the rubber meets the road. You must agree to the following strictly enforced rules:

• Reporting: You must report to a diversion officer monthly.
• No New Crimes: “You shall refrain from violation of any law.” Warning: If you get arrested while on the program, you are usually kicked out immediately, and the old case is revived.
• Work or School: You must be working a lawful job or be a full-time student.
• Community Service: This sample requires 40 hours.
• Fees:
  • Program Fee: In this sample, it is $300.00.
  • State Attorney Fee: $50.00 Cost of Prosecution.
  • Insurance Fee: $3.95 (for community service).
  • Restitution: If you stole something (like in the Petit Theft charge), you must pay the victim back.
• Counseling: If checked, you must attend counseling (e.g., anti-theft class or drug counseling).
• Special Conditions: In this sample: “NO RETURN TO THE STORE, LETTER OF APOLOGY TO OFFICER.”

4. The “Or Else” Clause (Revocation)

The State reserves the right to void the contract if you mess up.

“The State Attorney may… revoke or modify the conditions… [and] Prosecute you for this offense if you violate any of these conditions.”

Crucially, they can also void the deal if they find out later that you have a prior criminal record you didn’t tell them about.

5. The Waiver (Speedy Trial)

By signing this, you are giving up your right to a speedy trial. This is necessary because you are asking for a 6-month delay to complete the program.

John’s Takeaways

• The Cost Varies: Different State Attorney’s Offices charge different amounts. We are currently seeing program fees averaging between $250 – $400.
• Payment Plans: This sample agreement is generous—it allows monthly payments on the program fee. Be careful: Many PTD programs in Central Florida will not allow monthly payments and require the full fee upfront or very quickly.
• It is All or Nothing: You cannot do 39 hours of community service and expect a pass. If you fail one condition, you fail the whole program, and the State resumes prosecution as if the agreement never happened.

Read Before You Sign

Pretrial Diversion is a fantastic opportunity, but it is a contract with strict obligations. If you are offered PTD, we need to review the terms to ensure you can realistically meet them.

Call me at (407) 423-1117. Let’s review your options.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.