Legal Question in Criminal Law in Florida
I was on PTI for a drug charge, and I have complied with all aspects listed in s.948.03. Although they are now saying that I had faild to report a few months ago, though I tried to call my PO for direction on when to report, ad she had never gotten back to me.(I went in on my own valition and dropped paperwork off, but there is no record of it) I have now been revoked from my PTI, and I am again facing going back into court although I am only 3 months from the termination of PTI. what is my next course of action? can I be reinstated into PTI? Can she be held liable for this due to her lack of direction for my reporting, or am I just at the mercy of the courts?
1 Answer from Attorneys
PTI is a state run program and it is all at their discretion (for the most part). I have had clients get kicked out of PTI and then talked to the state to allow them back into the program. If it is some sort of clerical error, then they MIGHT let you back in. However, without proof of dropping off your paperwork, the burden is on you, not them, to show that you actually did what they required. Even if you are not allowed back in, if you have an attorney assisting you, then that will greatly help any issues you have with "the mercy of the courts."
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