The defendant was previously arrested on a charge of petit theft and waiting to enter the diversion program when arrested on charges of possession of marijuana < 20 grams. The Court withdrew the option for the defendant to enter into diversion for the first charge. He now faces criminal prosecution for both crimes.
Diversion Programs in Florida
In the state of Florida, many first-time offenders will be placed in diversion programs. Diversion programs were designed to keep individuals out of jail. While they were intended for first-time offenders, those with a few criminal acts in the past may qualify if the crime was not anything too serious. A judge, prosecutor, or the victim can prevent the offender from participating in a diversion program.
Each diversion program will have different requirements, as each program is specifically tailored for different crimes. A diversion program for those charged with petit theft could be required to take an Impulse Control Seminar, while someone charged with possession of marijuana could be required to do weekly drug testing.
With all diversion programs, the offender will be in charge of paying for it. These programs were designed to be hefty in price with the hopes that one does not fall backward and relapse.
Most diversion programs require a certain amount of community service to be done. In order to complete the program, all requirements must be met. Group sessions are often done. The offender could also be evaluated for treatment. In order to move out of the program after completion, the treatment will need to be completed as well. After the program is completed, charges will be dropped; however, you may wish to have your record expunged, which is another process an attorney will be able to help you with.
If the program requirements are violated, the person may be kicked out of the diversion program. Prosecution will then be re-initiated. Original charges will be faced, as well as all the original penalties and consequences.
Benefits of a Diversion Program
There are many benefits to a diversion program. These benefits include:
- Avoiding a criminal conviction
- Avoiding the stress of a trial
- Offender receives treatment and counseling
- No cost of a trial
Musca Law Firm
If you have been arrested or charged with criminal activities, such as petit theft or possession of marijuana, Musca Law Firm wants to talk to you! Our firm has over 150 years of combined experience between our attorneys. We will fight for you and your rights. We have many different defenses that we can use and we will enter heated negotiations if we have to. Our clients are pleased that we have had charges completely dropped or significantly lowered. Call us today for a free consultation to see how we can help you.
RESULT: The defense persuaded the State to permit the client to attend the diversion program for both offenses. After heated negotiations, the prosecution agreed and both charges were DISMISSED!