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. Continue reading
