Florida Pretrial Diversion Programs

What is Pretrial Diversion?

Pretrial Diversion, also known as Pretrial Intervention, is a program offered by the Florida State Attorney’s office that could result in your charges being dropped. These programs offer a path for first-time offenders to avoid jail time, seal or expunge records, and avoid stressful, expensive, and time-intensive trials. 

florida pretrial diversion lawyer

Am I Eligible for Pretrial Diversion or Intervention?

To be eligible for any of the state’s pretrial diversion programs, you must:

  • Be a first-time offender, or have no more than one nonviolent misdemeanor conviction.
  • Have been granted permission to enter the program by any alleged victims.
  • Be accused of a misdemeanor or third-degree felony.

What Programs Are Available In Florida?

A variety of criminal offenses are eligible for pretrial diversion programs. These programs include:

  • Misdemeanor Diversion Program, (M.D.P)
  • Felony Diversion Program, (P.T.I)
  • Domestic Violence Misdemeanor Program, (D.V.M.P)
  • Driving While License Suspended Program, (D.W.L.S)
  • And the Truancy Diversion Program (T.D.P)

Which Crimes Are Common in Pretrial Diversion Cases?

Pretrial diversion is possible for misdemeanor offenses under the M.D.P, which include, but are not limited to:

  • Petty theft
  • Battery
  • Vandalism
  • D.U.I.
  • Driving on a suspended license
  • Prostitution
  • Trespassing
  • Reckless driving
  • Disorderly conduct and intoxication

These charges can typically carry sentences of up to one year in jail, up to 12 months probation, and a fine of $1,000. In many cases, pretrial diversion is a favorable alternative to these possible outcomes. 

What is DUI Diversion in Florida and How Can it Benefit You?

Many first-time DUI offenders facing in Florida are eligible for admittance into a DUI pretrial diversion program. Similar to probation, this program offers an alternative to incarceration and other harsh penalties that go hand-in-hand with Florida DUI convictions.

Although this program is not eligible for felony DUIs, those facing first-time misdemeanor DUIs can benefit from the program by having their DUI dismissed following program completion. To achieve success in the program, participants must:

  • Complete minimum of 50 hours of community service
  • Attend DUI level 1 school
  • Seek treatment or counseling (if required by the program)
  • Attend a victim impact class
  • Pass random urine screenings
  • Have their vehicle impounded for 10 days
  • Have an ignition interlock device installed in their vehicle for six months

The Umansky Law Firm will consider all options available in your case and help determine if the pretrial diversion program is the best course of action for your DUI case.

Felony and Domestic Violence Pretrial Intervention

It is also possible to qualify for a pretrial diversion program if you are facing third-degree felony charges. The State Attorney’s Office offers first-time felony offenders a Pretrial Intervention Program, called P.T.I. This program offers the opportunity to avoid the cost and stress of a trial and the stigma of a felonious conviction by entering a 1-year program. 

If convicted of a third-degree felony, you may face up to 5 years in prison and a fine of $5,000. Additionally, felons in the state of Florida do not have the right to vote or own firearms. Beyond legal ramifications, there are many adverse social and financial consequences for felons. These can include difficulty gaining employment or approval for loans. 

However, if offenders complete the intervention program, the charge will be dismissed in its entirety. 

What is The Domestic Violence Misdemeanor Program?

The Domestic Violence Misdemeanor Program is aimed at ending the cycle of domestic abuse. The conditions of the program can be strict, including: 

  • A 26-week Batterer’s Intervention Program
  • Substance abuse evaluation and testing
  • Consent of the victim
  • Potential state-mandated treatment
  • A guilty plea

When an offender completes the program, their charge will be dropped, and they will be eligible to seek expungement or the sealing of their record. The D.V.M.P. program may only be completed once in any offender’s lifetime. 

Experienced Litigators In Your Corner For Pretrial Diversion

The Umansky Law Firm revolves around one belief; everyone deserves a second chance. With a combined 100 years of experience, our attorneys are prepared to help you navigate the overwhelming and complicated legal system. If you or a loved one needs counsel and feel Pretrial Diversion may be your best option, please don’t hesitate. Call (407) 228-3838 now for a free online case review using our contact form.

We look forward to helping secure your second chance.