fbpx

Pretrial Diversion Programs are a form of deferred prosecution. They are typically intended for first-time offenders for misdemeanor or less serious felony crimes. However, we can sometimes get our clients into the program if they have some criminal history or are charged with a more serious felony. The purpose of these diversion programs is to give first-time offenders the opportunity to avoid the stigma of a criminal conviction by diverting their case from trial court. If successfully completed, the criminal charges can be dismissed. 

If a person is denied entry into the program by the prosecutor, there is an alternative known as a Pretrial Intervention Program. Unlike Pretrial Diversion programs which are run by the State Attorney’s Office, the Pretrial Intervention Program is run by the judge and is governed under Florida Statute 948.08

According to the statute, the offender may be eligible for the program if they have no more than one prior conviction for a nonviolent misdemeanor and are currently charged with a misdemeanor or third-degree felony. To enter the program, the offender must receive approval from the program administrator, state attorney, judge presiding over the case, and consent from the victim of the crime. However, there is an exception for certain offenses like drug possession which do not require the consent of the state attorney.

There are different types of diversion programs for different crimes.  These crimes include:

  • Resisting an officer without violence
  • Underage drinking
    • Possession of Alcoholic Beverages by Persons Under Age 21
    • Possession of a False Driver License or Identification Card
  • Driving while license suspended 
  • Driving under the influence
  • Domestic violence
  • Theft

There are also diversion programs for juveniles. Juvenile Diversion Alternative Program (JDAP) is a counseling intensive program and also has a domestic violence component.

Pretrial Diversion programs are similar to probation. Those who enter the program will have to report to a supervising officer, pay program fees, and complete other sanctions such as community service, counseling, or other treatment. Unlike probation, if someone fails to abide by the terms of the program, they are not arrested for a violation but rather their case will be placed back on the trial docket.

These programs are a great option for first-time offenders or those with only one prior conviction. It’s a good idea to speak with a criminal defense attorney to have them review your case. You only get to participate in Pretrial Diversion once in a lifetime. An attorney can tell you whether it’s best to do the program or if there is another way to have your case dismissed.

Call Orlando criminal defense Attorney Brandon Gans today for a free consultation to see if you are eligible for a Pretrial Diversion program. 

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

Learn More

Case Results

Our Reviews

Serving all of central Florida

Orange

Hillsborough

Osceola

Brevard

Seminole

Polk

Volusia

Pinellas

Resisting Arrest With and Without Violence in Florida

Whenever you encounter law enforcement and they go to arrest you, it is never a good idea to resist them as you can get into more trouble. If you resist arrest with violence, you’ll face even higher penalties.   Resisting Without Violence According to Florida Statute...

Florida Traffic Tickets and Your Driving Record

When you get pulled over for a moving violation, you may wonder what is going to happen to your driving record. Is it something that prospective employers can see? If you decide to fight a traffic ticket, either by taking it to court yourself or hiring an attorney,...

Why is being on probation more dangerous than you think?

When facing potential jail time, most defendants prefer to be placed on probation instead of going to jail. Probation comes with many stipulations that many defendants fail to consider. Before accepting an offer of probation, consider the following:  Florida Statute...

Misdemeanors and Felony Charges in Florida

Felonies and Misdemeanors differ in both the severity of the crime and of the penalties. Misdemeanors tend to be less severe crimes, so the punishments for these crimes tend to be lesser. The fines are relatively small, and you can only be held in jail for up to a...

What is the Penalty for First-Time DUI in Florida?

Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol.  A DUI conviction in Florida comes with...

What is Disorderly Conduct?

In Florida, disorderly conduct is any behavior that disrupts a public space. Some common examples include making excessively loud noise, drunk and disorderly behavior, and fighting in the street. Florida Statute 877.03 defines disorderly conduct as acts that are of a...

Can You Lose Your License for Leaving the Scene of an Accident?

Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...

New Florida Law: Playing Loud or Excessive Music

On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...

What’s the Difference Between Assault & Battery in Florida?

Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...

What are Ignition Interlock Devices?

An ignition interlock device (IID) is a car breathalyzer that prevents drivers from starting their car until they blow into the device. In Florida, these are required for certain driving under the influence (DUI) convictions.  An ignition interlock device is a proper...

News & Posts

FAQs

Trivia

Orlando, FL

711 N. Orlando Ave. Suite 302B, Maitland, FL 32751

Hours: By Appointment Only

Clearwater, FL

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only

407-500-4267

Send Us a Message!

More Contact Info

// // "UPixel" code from roger@printingwarehouses.com //