Criminal Defense Lawyers

First-Time Offenders in Florida: Diversion Programs and Avoiding a Criminal Record

First-Time Offenders in Florida: Diversion Programs and Avoiding a Criminal Record

Making a mistake and getting arrested for the first time can be scary. But for some first-time offenders in Florida, there are options like pretrial diversion programs that can help avoid jail time and a permanent criminal record. This article will explain what diversion programs are, who qualifies, the different types available in Florida, and how they allow people to get their charges dismissed after completion.

What are Diversion Programs?

Diversion programs provide first-time, non-violent offenders with rehabilitation services and supervision instead of traditional criminal prosecution. They are meant to prevent future criminal behavior by addressing the root causes, like substance abuse or mental health issues.The goals of diversion programs are to:

• Give offenders a second chance to avoid jail and a criminal record
• Reduce costs and overcrowding in jails and courts
• Lower recidivism rates by reducing future criminal behavior

By completing the requirements of a diversion program, offenders can get their charges dismissed and avoid having a conviction on their record. This helps increase their chances of future employment and other opportunities that a criminal record could prevent.

Who Qualifies for Diversion Programs in Florida?

Florida law has strict eligibility requirements for pretrial diversion programs. Candidates must:

• Be first-time offenders (no prior convictions)
• Face non-violent, low-level felony or misdemeanor charges
• Have charges approved for diversion by prosecutors
• Obtain consent from the victim (for felony charges)
• Demonstrate a likelihood of success in the program

Offenders with extensive criminal histories, repeat offenders, violent criminals, and those charged with serious drug trafficking offenses do not qualify for diversion in Florida.Prosecutors have discretion over whether to offer diversion, based on the facts of each case. An experienced criminal defense lawyer can negotiate with prosecutors and advocate for diversion if appropriate.

Types of Diversion Programs in Florida

There are various pretrial diversion programs across Florida offering rehabilitative services based on the type of offense and offender needs, including:

1. Pretrial Intervention and Diversion Program

This program administered by the Florida Department of Corrections diverts first-time felony offenders from traditional prosecution. It lasts 6-12 months and requires completing community service, paying restitution, and other court-ordered conditions. Upon successful completion, charges are dismissed.

2. Misdemeanor Pretrial Diversion

These county-run programs target first-time misdemeanor offenders. Terms run 6-12 months and require completing counseling, community service, drug testing, or other requirements. The charges are dismissed after completion.

3. DUI Diversion

First-time DUI offenders with a breath alcohol content below 0.15% qualify. This 12 month supervised program requires DUI school, victim impact panel, community service and other terms. Charges are reduced upon completion.

4. Drug Court Diversion

Non-violent drug offenders undergo mandatory drug testing, outpatient counseling, 12-step meetings, and other terms over 12+ months. Graduates can avoid conviction and may qualify for record expungement.

5. Veterans’ Treatment Court Diversion

Veterans charged with certain offenses due to substance abuse or mental health issues enter supervised treatment and VA services. Charges are dismissed after completion of the program.

6. Juvenile Diversion

First-time youth offenders complete community service, counseling, restitution, or other sanctions instead of adjudication. Their records remain confidential and charges are dismissed.

How Diversion Keeps Your Record Clean

The main benefit of completing a diversion program is avoiding a criminal conviction on your record. This prevents many negative consequences down the road:

• No jail time – Diversion allows you to avoid incarceration and continue working or going to school. Jail time disrupts lives and employment.
• Confidentiality – Diversion programs keep your charges confidential, instead of becoming public record.
• Clean record – Your charges are dismissed and won’t appear on background checks for jobs, housing, schools, etc.
• Avoiding penalties – You avoid fines, probation, license suspension, and other penalties from a conviction.
• Increased opportunities – You avoid barriers to getting jobs, loans, housing, and benefits due to a clean record.
• Lower insurance rates – No conviction keeps your insurance costs lower for auto, life, and other policies.

How to Get Started with Diversion

If you’re a first-time offender in Florida, here are some steps to take:

• Hire an attorney – An experienced criminal defense lawyer can advise if you’re eligible and negotiate for diversion.
• Apply early – Prosecutors are more likely to approve applicants who apply early before court proceedings.
• Show remorse – Demonstrate that you accept responsibility and are committed to rehabilitation.
• Highlight positives – Show your education, employment, community ties to argue you deserve a second chance.
• Comply fully – Follow all terms of your diversion program to get charges dismissed.

Conclusion

Getting arrested as a first-time offender can be daunting, but does not have to ruin your future. Diversion programs provide a way out of a conviction and permanent criminal record for those eligible. Completing rehabilitation and court supervision allows you to dismiss charges and move on with a clean slate. With proper legal guidance and compliance, Florida’s diversion programs offer hope for a positive future beyond a mistake.

References

 https://www.mosesandrooth.com/diversion-first-time-offenders/

 https://www.pumphreylawfirm.com/diversion-programs-in-florida/

 https://www.boginmunns.com/faqs/diversion-vs-probation-florida/

 https://www.bbblegal.com/first-time-offenders-in-florida/

 https://www.hillsboroughdefense.com/blog/florida-diversion-programs-do-you-qualify/

 https://browardsao.com/diversion-programs/