Am I Eligible for a Pretrial Diversion?

There are many terms for what is called a "pretrial diversion" or "deferred prosecution" agreement. It is referred to by different terms in different jurisdictions. To provide an example, in North Carolina, a drug diversion is often referred to as the "90-96 program." In Broward County, it's most often referred to as a "diversion" or perhaps a "deferral."

A deferred prosecution allows the accused to admit guilt or enter a plea of no contest. The plea is then put on hold while the defendant completes the terms within the diversion agreement. The diversion usually consists of several hours of community service, drug testing and any kinds of conditions that are deemed appropriate based on the offense. In that sense, the terms of a diversion are pretty flexible.

You will need to note that a diversion is offered through the Office of The State Attorney. The Judge will not have the authority to force the State into offering a defendant a diversion. To that extent, whether a defendant qualifies for a diversion is determined by the policies and procedures written by the Office of the State Attorney. There are certain policies which are general guidelines and there are certain policies that seem like hard and fast rules. In Florida, office policies vary by circuit.

Being a defendant in a criminal case is extremely stressful. Many people are extremely anxious to have their attorney attack the State's case from the very beginning. However, it's not at all times the top strategy to do so. If your attorney determines that you could be eligible for a diversion, your attorney may not initially ask for discovery or, for that matter, do anything else in your case. Different State Attorney's Offices have different guidelines. Some offices have a policy of not offering a diversion to someone that has requested discovery in his or her case. The rationale is not that requesting discovery is a punishment, but rather the diversion offer is a reward for accepting responsibility in a timely fashion. In case you are considering a diversion, your attorney would be able to best let you know what an appropriate strategy would be.

The Law Offices of Michael A. Dye, P.A. is a Broward County Criminal Defense law firm located in Fort Lauderdale, Florida. Mr. Dye has extensive experience representing individuals charged with DUI and other serious criminal offenses. For further information, please call (954)745-5848 or visit http://AlcoholAndDrugLaw.com.