Sentencing Alternatives for Florida Felony Convictions: Diversion and Rehabilitation Programs

Is it Possible to Seek Alternatives to Prison if You Have Been Charged With a Felony in Florida?

Felony charges are serious, and a conviction could potentially lead to years in prison, even for a first-time offense. However, prison time is not inevitable. The court system does recognize that sometimes these harsh penalties are not the most appropriate response, especially for nonviolent crime. Alternative sentencing provides Florida courts with options beyond locking up offenders. These diversion and rehabilitation programs can help individuals address underlying issues that may have contributed to their actions.

Alternative sentencing has proven effective in reducing the recidivism rate for offenders and may help relieve some of the pressure on an already overcrowded prison system. That being said, only some felony cases will meet the qualifications to be considered for alternative sentencing. A skilled felony defense attorney can carefully examine the details of your case and determine whether you are eligible for felony sentencing alternatives. If your case is a good candidate for a diversion or rehabilitation program, your lawyer can advocate for your rights and guide you through the process of seeking alternative sentencing.

What is a Diversion Program?

A diversion program is any program that provides an alternate method for addressing the criminal actions of a defendant. Diversion programs aim to minimize the interactions between the defendant and the court and prison system. Extended periods of incarceration can cause damage to offenders’ livelihoods and support systems, making it more difficult for them to turn their situation around after they are released. Diversion programs focus on providing the defendant with appropriate counseling, treatment, and vocational training to help them change their circumstances and behaviors. Once an individual has entered a diversion program, they must fulfill the completion requirements, or their case will be sent back to the court system for prosecution.

While diversion programs are most often utilized for minor misdemeanor charges, there are some circumstances where they may be applied in felony cases. If the felony charge does not have a mandatory minimum sentencing guideline, it may be possible to seek alternative sentencing. However, the crime must generally be of a nonviolent nature, and the offender must meet certain criteria for inclusion in the program.

What Types of Diversion Programs are Available in Florida?

Your defense lawyer will be your best resource for determining which felony diversion programs you may qualify for after your arrest. They are up-to-date with the latest rules and are familiar with the sentencing habits of the court handling your case. While your lawyer can complete an application for a diversion program based on the details of your case, program inclusion requires agreement from the judge, the state attorney, and any victims of your crime. Some of the options for diversion programs include the following.

Felony Pre-Trial Intervention (PTI)

If you have been charged with a third-degree felony and have no prior felony offenses, you may qualify for this diversion program run by the Florida Department of Corrections (DOC). Florida Statutes § 948.08 describe the specific requirements for participation in the PTI program. If you agree to join the PTI program, your charge will be dismissed if you abide by the program’s conditions for the length of time specified by the court. Most programs last at least a year and require participants to:

• Meet with a probation officer monthly.
• Submit to random drug testing.
• Perform a set amount of community service hours.
• Pay court and program fees, as well as fines and restitution.
• Participate in treatment programs for alcohol, drug, and/or mental health issues.

Problem Solving Court (PSC) Programs

If your nonviolent felony charge was related to substance abuse, you may qualify for a Polk County PSC program that focuses on creating individualized treatment plans. If you agree to participate in the court-supervised program, you will be provided with support, education, and guidance to overcome your addiction and reintegrate yourself into the community and workplace.

Participants must complete frequent drug screenings, enroll in a treatment program, attend all scheduled court dates and support group meetings, and comply with all other terms and conditions. The program also provides vocational training and job placement assistance so participants can become financially independent. A solid support system, abstinence from substances, and a reliable income make individuals less likely to reoffend.

Juvenile Diversion Programs

Several diversion and rehabilitation programs exist for juvenile offenders. The court recognizes the importance and value of helping troubled minors change their lives before becoming adults.

In many cases, giving first-time youth offenders an alternative to prison that focuses on intervention and behavioral modifications is the most effective method of preventing further criminal acts. If you or a loved one are facing felony charges as a juvenile, contacting a knowledgeable criminal defense attorney as soon as possible may be vital to securing the most positive outcome in your case.

How Can a Skilled Defense Lawyer Assist With Pursuing Sentencing Alternatives?

Spending a year or more in prison for a felony conviction can lead to long-term consequences for you and your family, even after you’ve served your sentence. It can cause financial difficulties due to job loss and problems obtaining new employment. Prolonged time in prison also strains family ties and can isolate you from friends and loved ones. Felony sentencing alternatives can prevent some of these adverse outcomes and help you position yourself for a better future.

However, even if you meet all the eligibility requirements, gaining acceptance into a Florida diversion or rehabilitation program is complex and should not be attempted without the help of an experienced criminal defense attorney. Successful completion of the program requires commitment and cooperation on your part, but the time, effort, and expense of participating in the program is worthwhile for most participants. To learn more about Florida’s felony sentencing alternatives and whether your case may qualify, contact DeMichael Law today at 863-216-1831 to schedule a no-cost case evaluation.