Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
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Getting Destin criminal cases dismissed

Posted on Friday, May 29th, 2015 at 7:02 pm    

Pretrial Diversion in Destin

Your attorney and the prosecutor will most likely have negotiations about your case. Part of the discussion should include the possibility of resolving the case with pretrial diversion, or deferred prosecution. In most instances, diversion is only offered if this is your first offense, however we have also been able to secure it for clients with priors as well.

What is Deferred Prosecution or Pretrial Diversion?

You will not be required to plead guilty if your case is sent to diversion. Instead, you would enter into an agreement with the prosecutor that will outline conditions for you to complete. If you complete them, the state will agree to dismiss your case.

If you complete the diversion terms, it would be like going to trial and winning…without the risk of losing. This is often a favorable option for many defendants who do not want to risk a wrongful conviction at trial and a potential jail sentence. An experienced Destin criminal defense attorney with expertise in felony and misdemeanor cases will help make you aware of all your options.

What are the different forms of Pretrial Diversion in Destin?

There are several different forms of pretrial diversion for felony and misdemeanor charges. For a misdemeanor in Destin, the form of diversion is normally called Pretrial Diversion. If the charge is a felony, it will be called Pretrial Intervention. Either way, the result is the same. If you complete it, the case gets dismissed.

Will I go to jail if I don’t finish my diversion?

No. You will not automatically go to jail. Instead, the clerk of court will put your case back on the court docket. It is NOT the same as a violation of probation. Essentially, if you don’t complete the diversion, we will either negotiate an extension for you or set your case for trial. In our experience, over 99% of our clients who were sent to diversion successfully completed it and moved on with their lives.

How will pretrial diversion affect my military career?

If you are in the military and have been arrested, you probably already know that they can take action against you regardless of the outcome in civilian court. However, if your case is ultimately dismissed, you stand a much higher chance of being able to remain in the military.

How can an attorney help me get into pretrial diversion?

It is not automatic that someone gets offered pretrial diversion. In fact, quite the opposite. It is my job to convince the prosecutor that you are someone who deserves the second chance to put this behind you. I will also work to negotiate the best terms possible for the agreement and will ensure that the prosecutor issues the dismissal as soon as your terms are complete.

We talk a lot on this site about working to get the best possible result for our clients. Pretrial Diversion is one of the tools we use to protect our clients and keep their records clean.

If you have questions about whether your case qualifies for diversion, please don’t hesitate to call me at (850) 243-6097. I’ll be glad to talk with you and give you some answers about where you stand.

Call Flaherty Defense Firm today at (850) 243-6097 if you have been arrested in Destin.


Florida Association of Criminal Defense Lawyers, Inc.
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National Association of Criminal Defense Lawyers
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