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How Can Pretrial Diversion Programs Help if You Are a First-Time Offender in Florida?
Everyone is capable of making poor choices. Unfortunately, those bad decisions can sometimes lead to severe long-term consequences. If you have been arrested for the first time, you may feel overwhelmed thinking about the impact a jail sentence, fines, and a criminal record could have on your future. However, the Florida justice system recognizes that harsh punishments may not always be the most appropriate response to a crime, particularly if the defendant has no history of run-ins with the law.
In these cases, the court may approve your participation in a pretrial diversion program instead of incarceration, which can help you turn your life around and avoid a permanent criminal record. If you are a first-time offender, it is essential to promptly seek the assistance of a knowledgeable Florida criminal defense lawyer. Your lawyer can evaluate your case to determine whether you may qualify for a pretrial diversion program. If you are eligible, they can file the necessary paperwork to begin the process of requesting a diversion.
What is a Pretrial Diversion Program?
A diversion program takes a criminal case out of the typical court processing system and handles it differently. Typically, the prosecution of the crime will be put on hold while the defendant is enrolled in the diversion program and abiding by the stipulations of their treatment plan. If the defendant successfully completes all the terms and conditions of the diversion, their case will often be dismissed entirely.
Diversion programs focus on providing treatment, counseling, rehabilitation, and vocational services to help address the root causes of criminal acts. Different programs may be available for juvenile offenders, veterans, people with substance abuse issues, and individuals requiring mental or physical health care. By finding solutions for the underlying problems that lead people to criminal behaviors, diversion programs can help reduce the number of repeat offenders and make communities safer. Diversion programs have proven to be a humane and cost-effective method of dealing with perpetrators of non-violent crimes and are often utilized as part of the state’s strategy to combat overcrowding in jails.
What are the Benefits of Participating in a Pretrial Diversion Program?
Diversion programs can provide a first-time offender with many potential benefits. By voluntarily agreeing to participate in a treatment program through diversion, an offender is demonstrating their willingness to work on their issues and ensure that the criminal behavior they were arrested for does not happen again. If the defendant remains committed to engaging in the program and fulfilling its requirements, they have a good chance of achieving several positive outcomes, including:
- Maintaining a clear criminal record: Completing a pretrial diversion program can offer individuals with no previous charges the chance at rehabilitation and the opportunity to keep a clean criminal record.
- Avoiding incarceration: Most pretrial diversion programs allow individuals to complete the program instead of serving time in jail or prison, which can help them maintain their job, housing, and family connections.
- Receiving professionally guided rehabilitation services: These programs often include substance abuse rehabilitation, alcohol or drug counseling, and mandatory courses tailored to address the causes of criminal behavior, such as addiction and mental health issues.
Are There Eligibility Requirements for Pretrial Diversion Programs?
The court will look closely at the details of a first-time offender’s charges and personal situation when determining whether they may be eligible for a diversion. There is the potential to obtain a diversion for third-degree felony charges and most misdemeanors if you have no prior criminal record. However, be aware that certain situations may make you unable to enroll in a diversion program, even if it is your first run-in with the law. For example, under Florida Statutes § 948.08, the court can deny entrance into a diversion program if a preponderance of evidence shows that the defendant was engaged in the sale or dealing of controlled substances.
Other conditions your case must meet for you to be accepted into a pretrial diversion program include:
- Being charged with only non-violent crimes.
- Not facing charges for fraud, embezzlement, forging, or counterfeiting.
- Receiving the consent of the victim to enroll in such a program.
- Getting the approval of the judge, state prosecutor, and the administrator of the diversion program.
It can be confusing to determine whether you can apply for a diversion due to the varying requirements of each program. Ultimately, it is up to the court to decide whether or not a diversion program is viable for your case. It is best to discuss your situation with a knowledgeable criminal defense attorney as soon as possible to fully understand your rights and options for moving forward.
What Can You Expect if You Are Accepted Into a Diversion Program?
Diversion programs can appear similar to probation. Enrolled offenders must report to a supervising officer on a set schedule, refrain from using alcohol and controlled substances, and submit to random drug testing. The defendant must also complete community service hours, pay fees and restitution, and attend all required court hearings.
The main difference between a diversion program and probation is the inclusion of a treatment plan to address various challenges the defendant is facing. This plan is tailored to their needs to help them better their lives and become engaged and contributing community members. A treatment plan may include several required steps for the defendant, including educational courses, group or individual counseling sessions, regular meetings with a mentor or sponsor, and medical treatments or interventions. The length of the program can range widely, but in general, felony diversion programs last longer than misdemeanor diversions.
How Can an Experienced Law Firm Assist You?
If you’ve been arrested for the first time, it may feel like your future is in jeopardy. The penalties for a conviction, even for a first offense, can be severe. A skilled criminal defense lawyer can assess your case and determine whether alternative sentencing options, such as pretrial diversion programs, may be right for you. To learn more about these potentially beneficial programs, contact DeMichael Law today at 863-216-1831 to schedule a free case evaluation.
