Diversion Programs in Florida Criminal Cases

Pre-trial & First Offender Diversion Programs: Dramatic changes now give you the illusion of winning without the reality. See the TIP below.

Florida Pretrial & First Offender Diversion programs are possible in some cases. Generally speaking. In a diversion program, a client agrees to abide by the terms of a contract or supervised program either with the state attorney’s office or through the Department of Corrections or county probation services administrator. The length of time and the conditions vary.

TIP: The type of diversion, supervision, conditions and many other aspects of diversion are negotiable. But the State of Florida will not tell you this - they want you to try to handle your case by yourself. The Worst Deal for YOU = the best deal for THEM. The State Attorney is an elected official, a politician. By giving you the most conditions and restrictions, they can run for re-election by bragging about how "tough on crime" they are.

TIP: Domestic Violence Cases are the most common cases for the government to take advantage of unrepresented criminal court defendants.

Skilled criminal defense legal counsel knows how to negotiate the best terms for you, so the charges against you will be dismissed.

Florida cases that are not suitable for Florida diversion programs include:

• Florida felony sex offenses - HOWEVER: a substitution of charge may be possible.
• Florida DUI/BUI cases - HOWEVER:pilot diversion programs are being startedin some locations.
• Florida cases where the client has a prior record in any state, not just Florida (there are exceptions to this general rule)
• Florida felony cases where the client would score more than 44 points under the Florida Punishment Code (Florida Rule of Criminal Procedure 3.992(a) - unless skilled intervention is done early.

There are also special diversion programs such as Florida’s Mental Health Court (mostly misdemeanor offenses) and Florida’s Drug Court Program. These programs involve intensive counseling and we sometimes recommend alternative such as our One Stop Therapy program. Why? Drug court is not as effective as it could due to the lack of advanced diagnostic procedures needed to evaluate brain illnesses. Drug and alcohol problems frequently are the result off self medication due to pre-existing organic chemical imbalances of the brain. Think of it this way: Can counseling alone cure a broken arm? Of course not. Yet each year, thousands of people will go through Florida’s Drug Court programs and will be drug fee-as long as the threat of jail or prison for testing positive is hanging over their head. Once they leave the program, it’s like a broken arm that doesn’t hurt as bad: the arm is still broken, and medical treatment is still needed. Talk therapy alone will not fix many drug and alcohol problems, and this is why so many people are fed up with ‘rehab’ talk therapy-it often doesn’t work because the program did not diagnose the patient correctly.

NOTE: The Florida State Attorney’s Office will almost never offer you a First offender of Pretrial Diversion Program as a first settlement offer. After all, being ‘tough on crime’ is part of every elected State Attorney’s political campaign. Florida diversion programs are usually the end result of a long and complicated negotiation process unless you are being played for a fool. An experienced Florida criminal defense lawyer is your best hope to get a diversion programwith the best conditions.. After all, if you needed a heart bypass, you would need an experienced heart surgeon: you wouldn’t operate on yourself.

Florida Misdemeanor & Felony Case Pretrial Diversion Programs
Reductions or substitutions in charge from greater charges to lesser offenses
Florida Punishment Code Departure Sentences
One Stop Therapy Program (Includes Advanced Plea Bargaining Strategies)