Experienced Attorney Helps You Access Florida Diversion Programs
Orlando criminal defense lawyer counsels eligible clients on alternative resolutions of charges
Not every criminal defendant deserves zealous prosecution. The needs of the public and the accused are often best served by alternative resolution of the charges. In recognition of this principle, Florida has established various diversion programs to resolve cases in a manner that aims to rehabilitate offenders and reduce recidivism rates. The Law Offices of Tad A. Yates, P.A. has extensive experience helping defendants gain access to diversion programs that help them to avoid jail time and other hefty penalties.
Benefits of entering a Florida diversion program
Defendants who are eligible for a diversion program can avoid negative consequences of criminal charges, such as:
- Jail time — Diversion allows you to remain at liberty, so you can keep working or going to school.
- Criminal record — Diversion keeps charges confidential. Your record stays clean and won’t come up when you apply for a job, a loan or an apartment.
- Additional penalties — Since you are not convicted of a crime, you avoid fines, probation, license suspension and other penalties.
In addition, you may be directed towards rehabilitative resources that provide essential assistance for your circumstances.
Types of diversion programs in Florida
There are several forms of pretrial intervention available in Florida, including:
- Pretrial Intervention and Diversion — Administered by the Florida Department of Corrections, this program allows first-time felony offenders to fulfill conditions over a six- to 12-month period and to have charges dismissed. Conditions can include community service, restitution and other provisions the court deems necessary.
- Misdemeanor Pretrial Diversion — Individual counties sponsor programs that enable first-time misdemeanor offenders to get charges dismissed. Offenders take six to 12 months to complete requirements, such as counseling, community service and drug testing.
- DUI reduction — First-time DUI offenders whose BAC was measured below 0.15 percent may enter a 12-month program to get charges reduced. Requirements include DUI school, victim impact panel, community service and other items the court finds necessary.
- Drug Court Diversion — This program consists of mandatory drug testing, outpatient counseling, 12-step meetings and more, taking about 12 months.
- Veterans’ Treatment Court Diversion — Veterans who run afoul of the law due to substance abuse or mental health issues can enter supervised treatment and receive VA services, leading to a dismissal of charges.
- Juvenile Diversion — Youthful offenders can perform community service, receive counseling and pay restitution to avoid adjudication. Charges are then dismissed.
In addition, there is the Batterer’s intervention Program, an intensive six-month regimen supervised by the Florida Department of Children and Families (DCF). This program does not dismiss charges but is a mandatory condition of probation for offenders who plead guilty to misdemeanor domestic violence.
Qualifying for diversion programs in Florida
Pretrial diversion programs have strict eligibility conditions as follows:
- Applicable to first-time offenders only
- Limited to non-violent, low-level felony or misdemeanor charges
- Prosecutor approval
- Consent of the victim in felony cases
- Reasonable likelihood of success completing the program
Even if these conditions are met, eligibility is not automatic. In some cases, authorities have overcharged, so the accused will be ineligible unless the charges are reduced. This requires skilled negotiation. Even when the charges qualify, a prosecutor may resist approving diversion. The victim of the crime might also object. Finally, you must convince the court that you are a suitable candidate. All of these aspects require experienced management, principled negotiation and compelling advocacy. When you retain Mr. Yates, you can expect the highest level of representation on all these matters.
Contact an experienced criminal defense lawyer in Orlando for a free consultation
The Law Offices of Tad A. Yates, P.A. counsels clients on a wide variety of pretrial diversion programs. To schedule a free consultation, call Tad A. Yates at 407-608-7777 or contact the firm online.