How Miami Drug Diversion Programs Can Help Your Case

How Miami Drug Diversion Programs Can Help Your Case

If you have been arrested for a drug offense in Miami, you may be eligible for a drug diversion program. These programs allow you to avoid prosecution and a criminal record by completing drug treatment and other requirements. Diversion programs are a great option for first time offenders or those struggling with addiction. This article will explain how drug diversion works in Miami, the different types of programs, eligibility requirements, and the benefits of completing diversion.

What is Drug Diversion?

Drug diversion programs divert offenders away from the traditional criminal justice system and into rehabilitative services and supervision. Instead of going through prosecution and potentially jail time, offenders voluntarily enter a diversion program. These programs aim to address the root causes of drug use through treatment and counseling.

The goal is to rehabilitate offenders and prevent future drug use and criminal behavior. In exchange, participants avoid having a criminal conviction on their record. Diversion programs are typically 12-24 months long and require completing drug treatment, random drug testing, community service, fines, and supervision.

Types of Miami Drug Diversion Programs

There are several different pretrial diversion programs in Miami-Dade County for drug offenses:

• Felony Pretrial Diversion – For first time felony drug offenders. Operated by the Florida Department of Corrections. Upon completion, charges are dropped.
• Misdemeanor Pretrial Diversion – For those charged with misdemeanor drug possession. Operated by the State Attorney’s Office. Upon completion, charges are dropped.
• Drug Court – A 12 month minimum diversion program with intensive supervision and treatment. Graduates can have their case dismissed or not prosecuted.
• Back on Track – A DUI diversion program. Reduces charges for completing safe driving classes and treatment.
• Mental Health Court – For those with co-occurring mental illness and substance abuse disorders. Links participants to treatment and support services.

Each program has specific eligibility criteria based on the type of offense, criminal history, and circumstances of the case. Prosecutors ultimately decide whether to offer diversion. Defense attorneys can advocate for diversion on your behalf.

Eligibility for Miami Drug Diversion

While eligibility varies by program, general requirements for drug diversion include:

• Non-violent, first time offenders
• Those charged with low level drug possession or purchasing
• No prior felony convictions or history of violence
• No trafficking or intent to sell charges
• Approval from the State Attorney’s Office

Those with extensive criminal histories, trafficking charges, or violent offenses are typically not eligible. The specifics of your case will determine if you qualify for diversion in Miami. An experienced defense lawyer can review your charges and background to advise if you are a candidate.

The Benefits of Completing Diversion

Completing a Miami drug diversion program has many rewards:

• Avoid a Criminal Conviction – The biggest benefit is avoiding a permanent criminal record. Completion results in charges being dropped or dismissed.
• Sealing or Expunging Records – Many graduates can petition to seal or expunge their arrest record, giving you a clean slate.
• Avoid Jail Time – Completing diversion means avoiding prosecution and potential time behind bars.
• Get Clean – The programs provide substance abuse treatment and counseling to overcome addiction.
• Improve Life Skills – You gain tools and skills to improve decision making and prevent re-offending.
• Second Chance – Diversion gives you an opportunity to avoid the collateral consequences of a drug conviction.

However, failure to complete the program means your case goes back to criminal court for prosecution. So diversion requires a full commitment to treatment and staying clean.

Consulting a Defense Attorney About Diversion

If you are interested in pursuing diversion for a Miami drug charge, consult with a local defense attorney as soon as possible. Here’s how an attorney can help:

• Review your charges and background to advise if you are eligible
• Negotiate with prosecutors to get you into a diversion program
• Represent you at diversion status hearings before the judge
• Guide you through the application and enrollment process
• Support you throughout the program to successfully graduate

Having an advocate in your corner increases the likelihood of getting into diversion and avoiding prosecution. Don’t go it alone. Schedule a free consultation with an attorney to explore your options.

Drug diversion programs offer a chance to move your life in a positive direction. With hard work and commitment to treatment, you can overcome addiction and avoid the consequences of a drug conviction. If you’re facing drug charges in Miami, diversion may provide the help you need to get back on track.

Frequently Asked Questions About Miami Drug Diversion

How do I apply for drug diversion in Miami?

You can apply through the State Attorney’s Office pretrial diversion program or through the Drug Court program. Your defense attorney will guide you through the application process, gather documents, and represent you at diversion hearings. The prosecutor ultimately decides admission.

What happens if I fail drug diversion?

If you fail to complete the program by not complying with requirements or picking up new charges, your case will go back to criminal court. You could then face prosecution, conviction, fines, probation, or jail time.

Can I get a driver’s license while in drug diversion?

It depends on the offense. For drug possession charges, you can usually get a hardship license to drive for work purposes while in the program. Those charged with DUI are typically unable to drive until they complete diversion.

Do I have to plead guilty to do diversion?

No, a guilty plea is not required for pretrial diversion programs. Pleading guilty occurs after you fail to complete the program as agreed. Successful graduates have charges dropped without a conviction.

Will diversion keep drugs off my record?

Yes, completing diversion results in no conviction on your record. Your charges are dismissed. In many cases, you can also petition the court to seal or expunge your arrest record.

How much does drug diversion cost in Miami?

Costs vary by program but expect to pay around $1,000-$2,000 in fees, drug testing, supervision costs, and treatment expenses. Some programs offer need-based fee reductions.

Conclusion

Miami offers several drug diversion programs that provide treatment, counseling, and supervision as an alternative to prosecution. These programs give non-violent offenders a chance to rehabilitate, avoid jail, and prevent a criminal record. While completing a 12-24 month diversion program requires hard work, it can be a life changing opportunity. Consult with a Miami defense lawyer right away to start the process and take advantage of this second chance. With commitment to treatment and staying clean, you can graduate diversion and get your life back on track.