Fort Lauderdale Criminal Attorney Blog
An arrest does not have to end in a conviction. For some cases, Florida law offers people a second path. It is called pretrial diversion, or pretrial intervention. A person who completes the program can see the charges dismissed. For many of our Fort Lauderdale criminal defense clients, that path can protect a career, a professional license, and help keep your clean record.
As a Fort Lauderdale criminal defense attorney, I can help explain who qualifies, the requirements, and what happens if something goes sideways in the process. Note that every situation turns on its own specific facts, so treat the information here (as on all of our blogs) as background, not legal advice.
Understanding Pretrial Diversion
Pretrial diversion pauses a criminal case. The prosecution does not move forward while the person completes a set of conditions. Those conditions often include supervision, counseling, community service, restitution, or treatment. If the person finishes the program successfully, the State drops the charges.
The legal foundation is section 948.08 of the Florida Statutes. The statute directs the Florida Department of Corrections to supervise pretrial intervention programs. It says those programs should provide counseling, education, supervision, and medical and psychological treatment when appropriate.
Who Qualifies Under Florida Law
Section 948.08(2) sets the baseline for general pretrial intervention. Two groups are eligible:
- First offenders
- People with no more than one prior conviction for a nonviolent misdemeanor
The current charge must be a misdemeanor or a third-degree felony.
However, just meeting those criteria does not guarantee entry.
The statute requires approval from the program administrator. It also requires consent from the victim, the state attorney, and the judge who presided at the first appearance hearing. The statute also bars the accused and the accused’s immediate family from personally contacting the victim to seek that consent.
The person must also agree to the program voluntarily after consulting with a lawyer. That agreement includes waiving the right to a speedy trial for the length of the diversion.
Broward County’s Diversion Programs
The Office of the State Attorney for the 17th Judicial Circuit runs or partners on several adult programs. The main options include:
- Misdemeanor Diversion Program (MDP). This program serves first-time misdemeanor offenders. Broward Sheriff’s Office Probation supervises it. Eligibility and approval are decided at arraignment.
- Felony Pretrial Intervention (PTI). The Florida Department of Corrections operates this program. It serves first-time felony offenders charged with a qualifying third-degree felony.
- Felony Mental Health Pretrial Diversion. Broward Circuit Court created this program in October 2021. It serves people with a serious mental illness facing a second- or third-degree felony. Participants can have no more than three prior nonviolent felonies. Some charges, including certain firearm offenses and burglary of a dwelling, do not qualify. The program runs 12 months and can extend in some cases. Successful completion leads to dismissal.
- Veterans Treatment Court. This program serves veterans and servicemembers. It addresses the underlying causes of the person’s involvement with the courts. Not every charge is eligible.
- License to Drive. This program serves people charged with misdemeanor driving with a suspended, revoked, or canceled license. It helps participants work through fines and get a valid license back.
Broward also offers job-training diversion tracks for certain nonviolent third-degree felonies. These programs pair diversion with vocational certification.
Drug Court and Substance Abuse Diversion
Florida law creates a separate track for people struggling with addiction. Section 948.08(6) allows entry into a pretrial substance abuse treatment program, including drug court. A person may qualify if he or she:
- Has a substance abuse problem and is amenable to treatment
- Is charged with a nonviolent felony
- Faces no charge involving violence
- Has two or fewer prior felony convictions, all nonviolent
There is a key exception. If the State proves at a hearing that the person was involved in dealing or selling controlled substances, the court must deny admission.
Drug court carries real accountability. Participants follow a written strategy that can include sanctions for noncompliance, up to jail-based treatment. The court makes a written finding at the end. If the person succeeded, the court must dismiss the charges. The statute also allows expunction of the arrest record for those charges if the person is otherwise eligible.
Who Usually Does Not Qualify
As an experienced Fort Lauderdale criminal defense lawyer can explain, diversion programs are built for lower-level, nonviolent cases. Charges involving violence generally fall outside them. So do many cases involving serious prior records. Domestic violence cases face their own restrictions. A person who already completed a diversion program may also be turned away.
The prosecutor holds substantial control. Under section 948.08(5), the state attorney makes the final call on whether prosecution continues. The State can also resume the case at any time if the person fails to meet program obligations.
What Happens If You Do Not Finish the Diversion Program
Diversion is not a free pass. A missed appointment, a failed drug test, or a new arrest can end participation. When that happens, the case returns to the regular court docket. The prosecution picks up where it left off.
People considering diversion should understand every condition before they sign. They should also know the program’s length, its costs, and what records the program creates along the way.
Seeking Legal Help Early in the Case Can Help
Diversion decisions often happen early. Misdemeanor eligibility in Broward is decided at arraignment. Victim consent, restitution, and the framing of the charge can all shape whether the State offers a program at all.
A Fort Lauderdale criminal defense attorney can review whether a case fits a program’s criteria. Counsel can also present mitigating information to the State and negotiate the terms. Sometimes the right move is diversion. Sometimes the evidence supports fighting the charge outright. That choice deserves careful thought before any waiver is signed.
If you or a family member faces charges in Broward County, speak with a Fort Lauderdale criminal defense attorney before your first court date. Diversion can turn an arrest into a dismissed case. That opportunity can close fast, and the decisions made in the first weeks of a case often decide whether it is still on the table.
Richard Ansara is a criminal defense lawyer who represents people arrested in Fort Lauderdale and throughout Broward County. If you have been arrested, contact a criminal defense lawyer as soon as possible.
