Pretrial Diversion programs are a form of deferred prosecution. They are typically intended for first-time offenders charged with misdemeanors or less-serious felonies. However, we can sometimes get clients into the program even if they have some criminal history or are charged with a more serious felony. The purpose of these programs is to give first-time offenders the opportunity to avoid the stigma of a criminal conviction by diverting their case from the trial court. If completed successfully, 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 (PTI) program. Unlike Pretrial Diversion, which is run by the State Attorney’s Office, PTI is administered by the court and is governed by Florida Statute 948.08.

According to the statute, an offender may be eligible 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, the State Attorney, the judge presiding over the case, and—when applicable—the victim. There is an exception for certain offenses, such as drug possession, which do not require the State Attorney’s consent.

There are different diversion programs tailored to different offenses, including:

• Resisting an Officer Without Violence

• Underage Drinking

• Possession of Alcoholic Beverages by Persons Under 21

• Possession of a False Driver License or Identification Card

• Driving While License Suspended (DWLS)

• Driving Under the Influence (DUI)

• Domestic Violence

• Theft

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

Pretrial Diversion programs are similar to probation. Participants must report to a supervising officer, pay program fees, and complete other sanctions such as community service, counseling, or treatment. Unlike probation, if someone fails to comply with the program terms, they are not arrested for a violation; instead, the case is placed back on the trial docket.

These programs can be an excellent option for first-time offenders or those with only one prior conviction. It’s wise to speak with a criminal defense attorney to review your case. You generally only get one opportunity to participate in Pretrial Diversion. An attorney can advise whether it’s best to enter a program or pursue another strategy to seek dismissal.

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