Can I Get Into the Pre-Trial Diversion Program?

Pre-trial diversion programs in Florida offer an alternative to traditional criminal justice proceedings for eligible individuals. These programs are designed to redirect qualifying offenders from the conventional court system into a program of supervision and services aimed at addressing the underlying issues that contributed to their criminal behavior. The ultimate goal of these programs is to reduce recidivism, provide rehabilitation, and offer a second chance to individuals who may benefit from intervention and support rather than punishment.

What is a Pre-Trial Diversion Program?

A pre-trial diversion program is an initiative that allows certain offenders to avoid the formal prosecution process by participating in a program of supervision and rehabilitation. In Florida, DUI pre-trial diversion programs are created by the State Attorney’s Office, and not all State Attorney’s Offices offer a pre-trial diversion program for DUI cases.  

However, in those counties that do offer a Pre-Trial Diversion program, if successfully completed, the charges against the participant may be dismissed, leaving them without a criminal conviction or reduced to a lower-level offense with fewer punishments, depending on which county you are in. These programs can be particularly beneficial for first-time offenders or those charged with non-violent crimes.

Types of Pre-Trial Diversion Programs

In Florida, there are several types of pre-trial diversion programs, including:

• Misdemeanor Diversion Program (MDP): Typically for first-time offenders charged with misdemeanors, such as petty theft, simple battery, or minor drug offenses.
• Felony Pre-Trial Intervention (PTI): Aimed at individuals charged with certain non-violent felonies who meet specific eligibility criteria.
• Drug Court Programs: Specifically designed for individuals with substance abuse issues, these programs provide comprehensive treatment and support services.
• Veterans Treatment Court: Tailored for military veterans, focusing on addressing issues such as PTSD, substance abuse, and other service-related challenges.
• DUI Diversion Program: Typically, only for first-time offenders with no accident or injury.  There are typically many automatically disqualifying behaviors that can disqualify an offender from qualifying to participate in a DUI diversion program.  Further, there is no set of entry criteria that, if you meet them, will automatically qualify you for the diversion program.

Eligibility Criteria

Eligibility for pre-trial diversion programs in Florida varies depending on the type of program and the nature of the offense. Common criteria include:

• First-time Offenders: Many programs are designed for individuals with no prior criminal record or minimal criminal history.
• Non-Violent Offenses: Eligibility is often limited to those charged with non-violent crimes, such as theft, drug possession, or property offenses.
• Willingness to Participate: The defendant must be willing to comply with the terms and conditions of the diversion program, including counseling, community service, and regular check-ins.
• Victim Consent: In cases involving a victim, their consent may be required for the defendant’s participation in the program.

How to Get Into a DUI Pre-Trial Diversion Program

The process for entering a pre-trial diversion program in Florida typically involves several steps:

1. Initial Assessment

As previously stated, there are no automatic entry criteria, but there are automatic disqualifying criteria. An experienced DUI Defense attorney will be able to discuss with you whether or not the county you are charged in offers a DUI diversion program, and if so, after analyzing the facts of your case, they should be able to tell you if you have any automatic disqualifiers. As an example, using the Orange County DUI pre-trial diversion program, the following behavior or factors will automatically disqualify you from participating in the diversion program. A breath test result over 0.22, an accident, which can include even striking the curb with the tires of your vehicle, speeding in excess of 20 mph over the speed limit, a prior offense, or having a minor in the car while committing the offense. 

The prosecutor handling your case has a great deal of discretion as to whether or not they will refer your case to diversion. There is nothing that can be done to force your way into a diversion program. Nor can a judge order the state to allow you to participate in pre-trial diversion for DUI cases.

2. Application and Approval

If the prosecutor agrees to refer your case to diversion, then the diversion department will do a background check and investigation into your case and make sure you do not have any automatic disqualifiers.  If approved by the Pre-trial Diversion (“PTD”) department, then you will be set to sign a contract.

3. Agreement and Conditions

Once accepted into the program, the defendant will be required to sign a diversion agreement or contract outlining the terms and conditions they must adhere to. These conditions may include:

•       Regular attendance at counseling or treatment sessions
•       Completion of community service hours
•       Participation in educational or vocational programs
•       Compliance with drug testing or other monitoring requirements
•       Payment of restitution or program fees
•       Completion of a victim’s impact panel
•       A fine or charitable donation or both
•       Other conditions determined by the State Attorney’s Office.

4. Program Participation

The defendant must actively participate in and complete all aspects of the diversion program. This typically involves regular check-ins with a program supervisor, attending required sessions, and adhering to all conditions set forth in the diversion agreement.

5. Completion and Dismissal

Upon successful completion of the program, the defendant’s charges will be dismissed or lessened depending on the county, and they will avoid a criminal conviction or enter a plea to lesser charges. The defendant will receive a certificate of completion, and their record will reflect the dismissal of charges or plea to a lesser offense.

Benefits of DUI Pre-Trial Diversion Programs

Participating in a pre-trial diversion program offers several benefits, including:

• Avoiding a Criminal Record: Successful completion of the program may result in the dismissal of charges, helping the defendant avoid a permanent criminal record.
• Reduced Charges: You may be able to avoid the harsh consequences associated with a DUI conviction.
• Rehabilitation and Support: Diversion programs provide access to counseling, treatment, and other support services aimed at addressing the underlying issues that contributed to the criminal behavior.
• Reduced Recidivism: By addressing the root causes of criminal behavior and providing necessary support, diversion programs can help reduce the likelihood of reoffending.
• Cost Savings: Diverting eligible offenders from the traditional court system can reduce the burden on courts and correctional facilities, resulting in cost savings for taxpayers.

Challenges and Considerations

While pre-trial diversion programs offer many benefits, there are also challenges and considerations to keep in mind:

• Eligibility Limitations: Not all offenders are eligible for diversion programs, and certain types of crimes may disqualify an individual from participation.
• Program Compliance: Defendants must adhere to all program requirements, which can be demanding and time-consuming. Failure to comply may result in termination from the program and reinstatement of charges.  However, again, depending on the county, if you are thrown out of the diversion program, typically, you can still defend against the charges as if you had never entered the diversion program.
• Costs and Fees: Some diversion programs may require payment of fees for participation, which can be a barrier for individuals with limited financial resources.
• Access to Services: The availability of diversion programs and support services may vary by location, and some areas may have limited resources.

Contact Katz & Phillips For Expert DUI Defense

DUI Pre-trial diversion programs in Florida offer a valuable alternative to traditional prosecution for eligible offenders, providing an opportunity for rehabilitation and a second chance. By understanding the eligibility criteria and process for admission, individuals charged with DUI can take advantage of these programs to avoid a criminal conviction and work towards a brighter future. For those interested in pursuing a pre-trial diversion program, consulting with an attorney can provide guidance and support throughout the process.  

An experienced Orlando DUI defense attorney, like the Board-Certified DUI Defense specialists at Katz & Phillips, P.A., can let you know if you are disqualified from participating in Pre-Trial Diversion based on the county of arrest and the facts of your case. If you are not automatically disqualified, we can tell you, based on our experience, reputation, and knowledge of the State Attorney’s officers and prosecutors, whether or not we will be able to get you into a Pre-Trial Diversion Program. Contact us today to discuss your options.