Ending Without A Conviction
Fla. Stat. 948.08 — pretrial intervention for a first offender, with charges continued for 90 days
Who is eligible. A first offender, or a person previously convicted of not more than one nonviolent misdemeanor, charged with a misdemeanor or a felony of the third degree, is eligible for pretrial intervention with the approval of the program administrator and the consent of the victim, the state attorney, and the judge who presided at the initial appearance.
Agreed and waived. The defendant must agree voluntarily after consulting a lawyer, and waive the right to a speedy trial for the period of diversion. Neither the defendant nor the defendant's family may contact the victim personally to obtain consent.
90 days, and another 90. The charges are continued without final disposition for 90 days if participation is satisfactory, and for an additional 90 days on the administrator's request and the state attorney's consent. Proceedings resume at any time if the offender is not meeting the plan's obligations or the public interest requires it.
At the end. The administrator recommends prosecution, further supervision, or dismissal of the charges without prejudice, and the state attorney makes the final determination.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed Florida attorney. Sealing has its own page.
Sources for this section (1)
- Fla. Stat. 948.08 — Pretrial intervention program
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.