DIVERSION
Diversion, Intervention, Drug Court, Veterans' Treatment Court
Diversion can have different names and requirements depending on which county you are being charged. The advantage of diversion in some counties is that if you successfully complete the program, the state will drop the case against you. These types of programs are usually reserved for a person that has never been in trouble in the past or has only had limited run-ins with the law. Typically, you can only participate in the program once in your lifetime and only certain types of charges are eligible. Even if your charge is eligible for the program, it doesn't mean your case is automatically accepted into diversion. Usually the prosecutor and any alleged "victim" must agree to allow you to enter the program.
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If your case is accepted into diversion, then you will have to complete certain requirements such as community service, take classes and undergo random drug test. These requirements may vary based on whether your charge is a misdemeanor or a felony.
Drug Court may be a good diversion option for addicts, with drug related charges. It is one of the most involved and time-consuming types of diversion. It requires significant treatment and court appearances but is more suited to address a participant’s drug problem than traditional probation.
Veterans’ Treatment Court can also be a good diversion program for eligible veterans. It can be time consuming but is set up to better address the needs of veterans.
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Depending on the program, you may never have to admit guilt. If you fail to complete the requirements of diversion, or if you are arrested on a new charge, then your case will be returned to the criminal docket. The benefit of diversion is that you control your own future.
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Learn more about some of the requirements of diversion below or contact the Ford Law Office.
Conditions for diversion, or deferred prosecution varies depending on the county
TYPICAL CONDITIONS FOR MISDEMEANORS DIVERSION
Supervision length:
Drug offenses, DV-partner related, and DUI Tier 1 cases (BAC < .15%): 12 months
DUI Tier 2 cases (BAC > .15%): 15 months
Other misdemeanors: 6 months
Community service:
DUI cases - 50 hours; all other cases - 40 hours; unless specified by SAO
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Fees:
Telephone Reporting fee $6 - $7 monthly, if applicable, $50 State Attorney fee, $50 monthly cost of supervision, $17 drug test fee, $20 intake fee, Law Enforcement investigative costs, if applicable.
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DUI Cases Tier 1 and Tier 2:
DUI Level I School
Victim Impact Classes through MADD or Florida Safety Council
Substance abuse evaluation and any recommended treatment
Tier 1 - 10 day Vehicle Impoundment/Immobilization and a $500 monetary contribution
Tier 2 - 6 month Ignition Interlock and a $1000 monetary contribution Drug/Alcohol-Related Offenses:
Substance abuse evaluation and any recommended treatment
Random observed urine screens
Theft, Fraud and Property Cases:
Impulse Control/Theft Prevention Class
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Battery Cases:
Batterer’s Intervention Program (Domestic Violence partner related)
Anger Management Class (minimum of eight hours in divided sessions for non-partner related cases)
No contact/no hostile contact with victim
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Sex-Related Offenses: Sex offender assessment and any recommended treatment
Sexually Transmitted Diseases (STD) awareness class
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Resisting Officer Without Violence Cases:
Anger Management Class
Letter of Apology
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Sale/Serve Alcohol to a Person Under 21 Years of Age:
Class/program designed to educate regarding the law.
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PRETRIAL INTERVENTION
PTI
Pretrial Intervention (PTI) is governed by Florida Statute 948.08 and is supervised by the Department of Corrections. PTI can involve felony or misdemeanor charges. Like diversion, your case may be dropped after successfully completing the requirements. The conditions can be tailored to the individual case and can include counseling, education, supervision, medical and psychological treatment.
DRUG COURT
Drug Court programs are supervised by the Drug Court Judge and require regular court appearances. These programs involve significant education and treatment. The program is set up in phases and the requirements gradually decrease as you move through the program. The court appearances and treatment taper off as you meet your goals and you continue to have negative urinalysis. While the conditions are typically time consuming, the program can give you the help you need to address a serious drug problem. There is also an added benefit of getting your case dropped after successful completion. There have been many success stories that have come out of Drug Court.
VETERANS' TREATMENT COURT
VTC
Veterans' Treatment Court (VTC) is designed to address substance abuse problems, mental health issues and other concerns unique to veterans. VTC is a collaborative effort between the courts, state attorney's office, probation, Veterans Health Administrations, treatment providers and defense counsel. If you are accepted into the diversionary tract of VTC, your case will be dropped once you complete the program.
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There are specific requirements for eligibility, and you must go through an application process to be accepted. It is beneficial to have a lawyer the is familiar with VTC to advocate on your behalf. Contact The Ford Law Office to learn more.