Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?
I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?
A: No. Case law, or reported appellate court decisions, only results after an appeal. Why would anybody bother appealing something like this?
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A:
The state holds the cards and has "plenary power" over the conditions of any pretrial diversion agreement. Some jurisdictions require an admission of guilt (or acceptance of responsibility), but the conditions vary. Victims are permitted input regarding case dispositions, but the final decisions are left to the individual State Attorney's Office.
You must know the expression "the squeaky wheel gets the grease", so a noisy/involved victim will often get their way. The victim may be looking for an angle in a potential civil suit and seeks some language in the apology letter to help their claim. the State ought not be a party to a victim gaining civil advantage through the criminal process. Your lawyer should push back.
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