I was arrested for disorderly intox but I am being charged with TRESPASSING-STRUCTURE OR CONVEYANCE. I have a chance to accept a pretrial diversion but I do not want to plead guilty. I was pulled out of a bar by a sheriff for suspition of having a weapon. I gave consent to be searched knowing I had no weapon and then watch as 3 members of my party were arrested by an overeager sargent who was traing deputies that night. After answering a few questions he told me to leave but I cound't go back in the bar and was in no shape to drive. I asked the sargent why he was arresting my friends and poof he arrested me. Thats the short of it. Should I go to trial or accept the pretrial diversion.I cannot afford a lawyer so I will have to go with a public defender. Can I request to talk to the public defender before accepting the pretrial diversion?
If you have a good attorney he will tell you to weigh your options and will know what the potential consequences of your decision.
It is not clear from your question what you were actually for. I am speculating based on the facts that you have stated that you were charged with some kind of obstruction of justice offense. It is never a good idea to confront law enforcement while they are engaged in the arrest of other suspects. The Judges do have a high level of respect for the interests of the safety of law enforcement in situations where there are a crowd people and they are attempting to quell the situation.
If I have a client that is offered pretrial diversion ("PTD"), if there is any risk of getting a conviction at trial, I usually advise that client to accept the PTD offer. The PTD offer is less risky resolution to get your charges dropped. The negative implication is that once you are offered PTD on a particular case, it is highly unlikely that you will be offered PTD if you are charged with an offense again.
However, it is always best to consult with an attorney so that he can review the law enforcement charging affidavits and other discovery in your case. You should never rely solely on answers provided on a legal help site. You are encourage to contact my office for more information.
THIS ADVICE IS PROVIDED GRATUITOUSLY AND IS NOT MEANT TO BE RELIED UPON AS A LEGAL OPINION REGARDING YOUR MATTER. THE PURPOSE OF THIS ADVICE IS GENERAL EDUCATION PURPOSES ONLY. YOU SHOULD ALWAYS CONSULT AND WORK WITH AN ATTORNEY THAT KNOWS THE SPECIFIC FACTS OF YOUR CASE. YOUR REVIEW OF THIS POSTING DOES NOT, IN ANY WAY, ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOURSELF AND MY FIRM.
Hire an attorney, who will read the police reports and advise your correctly, as to whether it is better to go with pti or trial.
You need to find an attorney who you trust, who will do the necessary discovery to determine if you are in fact guilty and will then advise you on whether you should take pretrial intervention. The benefit of PTI is that you can honestly say in the future that you've never been convicted of this as the charge will be dismissed by the court if you make it thru the program successfully.
In a PTD you are assured of case dismissal whereas going to trial you take a chance of being convicted.You need to discuss this with a Atty. as he will look at the state's evidence as well as hearing from you and he will be in a better position to evaluate the case and give you a better opinion than we lawyers on line who have only heard your version of the facts.Usually a PTD requires an admission however the charge is ultimately droped and does not count as a conviction. With a PTD the records can be sealed and/or expunged.
At least 5 attorneys have already answered your question and I agree with their answers. I would only point out that in some FL counties acceptance of the PTI offer requires that the defendant make an admission of guilt to the PTI administrators which is a public record. In that event, a defendant who is not a US citizen and who makes an admission of guilt in the PTI program may become subject to deportation by Federal authorities depending on the nature of the crime involved (I am told by immigration counsel that deportation only requires an admission of guilt, not necessarily an adjudiciation or finding of guilt). If this applies to your situation and your lawyer advises you not to take PTI for that reason, then it is usually a good idea for your lawyer to inform the Court that this is what the obstacle was that caused you to decline PTI which most judges think is otherwise a wise and generous solution (i.e. break) for both the defendant (removes the risk of conviction) and the court (one less case to be tried). Best of luck whatever you decide.
The answers to questions posed on the internet are generalized answers which may not apply to your specific case upon more thorough examination by your own lawyer. A lawyer is required to conduct a full interview of each client and an investigation of each case to detemine the proper course of action. The answer given to your internet question is simply to provide the inquirer with general information as to what legal help may be available and is not intended for the inquirer to rely upon. You should contact and consult directly with an attorney qualified to advise you and assist you with your particular type of legal problem. That is the legal advice you should rely upon.
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