Pretrial diversion represents one of the best possible outcomes for individuals facing criminal charges in Florida. This alternative to prosecution can result in complete case dismissal while avoiding the risks and costs of going to trial.
What is Pretrial Diversion?
Pretrial diversion is a written agreement between you and the State Attorney's Office that establishes specific conditions you must complete within a designated time period. If you successfully complete these requirements and avoid any new legal violations, the state agrees to dismiss your case entirely.
Benefits of Diversion Programs
Pretrial diversion offers several significant advantages:
- Guaranteed Dismissal - Complete your conditions and your case gets dismissed
- No Trial Risk - Avoid the uncertainty and expense of trial
- Faster Resolution - Cases resolve more quickly than going through trial
- Cost Savings - Typically less expensive than extended litigation
- Record Expungement - Dismissed cases may qualify for record expungement
Eligibility Requirements
Pretrial diversion works best for certain types of cases:
- Non-violent offenses - Most property crimes and drug possession charges
- First-time offenders - Defendants with minimal or no criminal history
- Appropriate felony cases - Even some felony charges can qualify
Charges That Don't Qualify
Unfortunately, not all charges are eligible for pretrial diversion:
- DUI cases - Not eligible for diversion in misdemeanor court
- Sexually violent offenses - Excluded from felony diversion programs
- Violent crimes - Generally not considered for diversion
- Repeat offenses - Multiple violations often disqualify defendants
Typical Diversion Conditions
Diversion agreements may include various requirements such as:
- Community service hours
- Counseling or educational programs
- Restitution to victims
- Drug or alcohol evaluation and treatment
- Regular check-ins with a probation officer
- Avoiding further legal trouble
Record Expungement Benefits
One of the most valuable aspects of pretrial diversion is that successful completion often makes you eligible for record expungement. This process completely removes the arrest and charges from your criminal record, as if the incident never occurred.
Expungement benefits include:
- Improved employment opportunities
- Better housing prospects
- Professional licensing opportunities
- Restoration of civil rights
- Peace of mind
Working with Prosecutors
Successfully obtaining pretrial diversion often requires skilled negotiation with prosecutors. At Flaherty Defense Firm, we have established relationships with local prosecutors and understand what factors make cases good candidates for diversion.
Is Diversion Right for Your Case?
If you've been charged with a criminal offense, pretrial diversion might offer the best path forward. However, determining eligibility requires careful analysis of:
- The specific charges against you
- Your criminal history
- The prosecutor's policies
- The strength of the evidence
- Victim cooperation
Contact Flaherty Defense Firm to discuss whether your case qualifies for pretrial diversion. We'll provide an honest assessment and work to secure the best possible outcome for your situation.
