The answer to that question is simply no. Normally the State Attorney's office in most counties that are in the State of Florida feel that you only get one bite at the proverbial pre-trial diversion apple, meaning that you can only complete that program once.  What if you did it when you were a juvenile and now you're an adult - since there are different systems, can you do free trial diversion again? Most of the time again the answer is no. The State Attorney's office normally does not necessarily care if you completed that when you were ten and you got a new charge.

There was a case at The Umansky Law Firm just like that where the client did a very basic diversion program as a 10 year old child and now is an adult and got a new charge and again was asking for the diversion program. It had been years when he completed the diversion program. However, the State Attorney's office still said no - in fact it doesn't matter when you completed the first diversion program, it just means that you did complete it. So, at any point that you did complete a program, that is when you were a first offender, and unfortunately no matter how severe the second crime is, or how long it has been a part, normally they will say no to a second diversion program.

Even if you can't receive the benefits of PTD twice, not all hope is lost. A lawyer can still put together a viable defense for your criminal charge and attempt to get those charges dropped. A second question that often arises in this situation is if you can expunge your record twice, and the answer to that one too is no. Being considered a 'repeat offended' in some instances doesn't grant the same options as a first-time offender. You definitely still have options though, and meeting with a lawyer to go over your situation can definitely give you more insight into what you can do about your conviction.

If you are concerned you will not be eligible for pre-trial diversion, please contact The Umansky Law Firm today and set up a free consultation.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

More Settlements