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Should I accept PTD or go to trial? If I go to trial what are my chances of having the charges dropped? Please help, thank you!

Miami, FL |

I was at a club in Miami celebrating Halloween. I started feeling really sick thinking I was going to puke so I ran to the bathroom where I found a huge line with some of my own friends waiting near the front. I asked them all if they were okay with me jumping to the next stall w/a general consensus was that it was no problem. When I got in a bouncer asked me to leave bc I jumped the line, I told him I would as soon as I took care of my emergency. W/in mins he signaled to other patrons I was causing trouble and took me away- I argued & cursed at their unnecessary & forceful restraint before being arrested and charged with DISORDERLY CONDUCT and TRESPASSING AFTER WARNING. I have witnesses & a spotless record-I expect a PTD offer but I'm applying to med schools & I want this all erased!

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Attorney answers 4

Posted

Number one, it is impossible to give you exact chances for your charges being dropped by the Assistant State Attorney assigned to the case. Frankly, I consider it irresponsible to give someone an exact percentage or chance of their charges being dropped. Whether or not the State drops your charges includes a whole host of factors, including, but not limited to their chances of succeeding at trial, the pressure put on them to go forward by the Judge if trial is set, the reliability of testimony of their witnesses, whether their witnesses show up, the severity of your charges and other related factors. There are just too many factors to consider to say with any certainty whether the charges will be dropped.

Ultimately, if you did go to trial, the charges would not be dropped, you would either be found guilty, not guilty or there could be a hung jury, if the jury cannot reach a unanimous verdict . Again, it is impossible to say what the percentage or chance of you being found not guilty with any certainty because it is simply not possible to consider all the factors, a jury may consider. Additionally without knowing anything about your jury, it would likely simply be just a guess.

It is also worth noting that often times PTD or Pretrial Intervention as it is more often refereed to in the Tampa area, ultimately has a very similar effect as the charges being dropped. I would recommend you consult with a Miami criminal defense attorney to discuss the effects completing PTD would have on your records.

There are many competent criminal defense attorneys in Miami, you could consult with and better discuss the specific facts and available defenses in your case. Good luck.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

Posted

Based on your future plans, if PTD offered, take it, then expunge the arrest from your records. Why take the risk of things not going your way in court. Good Luck.

Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com

Jonathan Hackworth

Jonathan Hackworth

Posted

I would also concur with Mr. Katz that many times it is simply not worth the risk of trial, if PTD or PTI are offered.

Asker

Posted

If I accepted a PTD offer would that mean I was accepting the charges or even admitting guilt? I understand the charges will be dropped but can the details of the case or charges be discovered later on? Also, what is the con of taking such an offer besides spending money and time 'rehabilitating' from the class? I feel like it is almost too good to be true-there must be some reason everyone just doesn't take it. Lastly, with respect to my record is it safe to assume that if I go to trial the best case scenario would be the same position I would be in if I accepted and completed the PTD class? Thanks everyone for your help and advice, it is very much appreciated!

Asker

Posted

If I accepted a PTD offer would that mean I was accepting the charges or even admitting guilt? I understand the charges will be dropped but can the details of the case or charges be discovered later on? Also, what is the con of taking such an offer besides spending money and time 'rehabilitating' from the class? I feel like it is almost too good to be true-there must be some reason everyone just doesn't take it. Lastly, with respect to my record is it safe to assume that if I go to trial the best case scenario would be the same position I would be in if I accepted and completed the PTD class? Thanks everyone for your help and advice, it is very much appreciated!

David S Katz

David S Katz

Posted

You are correct that if you complete diversion and expunge your record, you would be in the same situation as if you got a not guilty verdict and expunged your record. I will add though that there are exceptions for professional licensing agencies such as the Florida Bar for Attorneys or the AMA for doctors. Good Luck.

Posted

If you accept PTD and you successfully complete the program your charges will be dropped and then you can petition the court to have your record sealed. If you go to trial a jury of 6 people will listen to the evidence and arguments of your lawyer and the prosecutor and either find you guilty or not guilty . If you are found not guilty you can petition the court to expunge your record. If you are found guilty you could be sent to jail or placed on probation.
www.colleenglenn.com

Posted

Pretrial Diversion is a guarantee dismissal if you successfully complete the program. Anytime you go to trial you take a gamble because you never know what a jury will do, no matter how confident you are in the case. I would strongly suggest meeting with an attorney and thoroughly discussing your case.