Category: Sentencing · Statute: F.S. 948.08 · Source: Florida Legislature
Understanding Deferred Prosecution in Florida
In Florida, a Deferred Prosecution Agreement (DPA) is a formal contract between a defendant and the State Attorney’s Office, governed by Section 948.08 of the Florida Statutes. Under this diversion program, the prosecution agrees to put the criminal charges on hold for a specified period, typically ranging from six months to a year. During this time, the defendant must fulfill strict conditions, which may include restitution, drug testing, community service, or counseling. If the defendant successfully completes all requirements, the State Attorney dismisses the charges entirely, allowing the defendant to avoid a permanent criminal conviction.
Unlike standard probation, which occurs after a plea or finding of guilt, deferred prosecution is a pretrial mechanism. The state attorney has sole discretion over who is admitted into the program, though eligibility generally targets first-time, non-violent offenders. If a defendant fails to meet the agreed-upon conditions, the state revokes the agreement and resumes active prosecution of the original charges. Because the defendant must waive certain speedy trial rights to enter the program, the state can immediately proceed to trial or plea negotiations upon a violation.
Impact on Bail and Pretrial Release
When a defendant enters a Deferred Prosecution program, their active status in the court system changes, directly affecting pretrial release. Under Florida law, once the State Attorney formally approves the DPA and the court accepts the agreement, any active bail bond or pretrial release conditions are typically discharged or refunded. Because the prosecution is officially paused, the surety bond is released, relieving the bail bondsman and the defendant of their financial obligations to the court, provided the defendant remains compliant with the program's terms.