What Is Pretrial Diversion and Can You Qualify?

Facing criminal charges in Florida is overwhelming, especially if it’s your first time being arrested or charged with an offense. However, not every case ends in a conviction or even a trial. In certain situations, defendants may have the opportunity to participate in a Pretrial Diversion Program, a valuable alternative that focuses on rehabilitation and accountability rather than punishment. 

Understanding how pretrial diversion works, who qualifies, and what it requires can make a major difference in your case and your future.

What Is Pretrial Diversion?

Pretrial diversion (sometimes called “deferred prosecution”) is a program that allows eligible defendants, usually first-time or low-level offenders, to avoid a criminal conviction by completing certain court-approved conditions. If the program is successfully completed, the charges are dismissed, and the case is closed without a conviction appearing on the defendant’s record.

Essentially, it’s a second chance, a way for people who made a mistake to show accountability and rehabilitation outside of traditional prosecution. The goal is to reduce the burden on the court system, minimize repeat offenses, and give individuals a path forward without a criminal record following them for life.

How It Works in Florida

Pretrial diversion programs are offered at the discretion of the State Attorney’s Office and can vary from county to county. In Florida, these programs are often managed in partnership with local probation offices or community service agencies.

Here’s how the process typically unfolds:

1. Referral or Offer:
   The defendant is referred to the diversion program, often by their defense attorney or the prosecutor. In some cases, a judge may recommend it.
2. Eligibility Review:
   The prosecutor’s office reviews the case details, such as the type of offense, criminal history, and victim input, to determine eligibility.
3. Program Agreement:
   The defendant signs a written agreement outlining the conditions they must meet. Common requirements include community service, counseling, restitution, educational courses, or drug testing.
4. Program Completion:
   If the defendant fulfills all obligations within the given time (usually six months to one year), the charges are dismissed.
5. Non-Completion:
   If the defendant fails to meet the requirements, the case returns to court and prosecution resumes.

Common Eligibility Requirements

While exact rules differ by jurisdiction, pretrial diversion in Florida generally applies to defendants who meet certain criteria:

• First-time offenders or those with minimal criminal history
• Non-violent offenses, such as petty theft, DUI, possession of marijuana, or trespassing
• Willingness to take responsibility for the offense
• No significant prior probation violations
• Approval from the victim in some cases (especially theft or fraud-related offenses)

Ultimately, the State Attorney’s Office has broad discretion in approving who qualifies.

What Conditions Might You Have to Complete?

Each diversion plan is customized to the case, but conditions may include:

• Completing community service hours
• Paying restitution to victims
• Attending anger management or theft prevention classes
• Submitting to random drug or alcohol testing
• Participating in counseling or rehabilitation programs
• Writing a letter of apology or participating in restorative justice activities

Once these obligations are met, the case can be dismissed, leaving no criminal conviction on your record.

Florida Example

In Broward County, a 20-year-old college student was arrested for possession of marijuana (under 20 grams) after a traffic stop. She had no prior criminal history, was cooperative with officers, and was attending school full-time.

Her attorney negotiated her entry into the county’s Misdemeanor Pretrial Diversion Program, which required her to complete:

• 25 hours of community service
• A substance abuse awareness course
• A $150 program fee

After six months, she provided proof of completion to her case officer. The State Attorney’s Office reviewed her progress and formally dismissed the charges. She was later able to have the record expunged, leaving her with no criminal history and no interruption to her education or future employment prospects.

This type of result is not uncommon, pretrial diversion programs across Florida help hundreds of individuals each year avoid lifelong consequences for one-time mistakes.

Benefits of Pretrial Diversion

• No Criminal Conviction: The biggest advantage is avoiding a conviction, which can have lasting effects on employment, housing, and licensing.
• Case Dismissal: Upon successful completion, your charges are dismissed.
• Expungement Eligibility: Once dismissed, you may be eligible to have the arrest record sealed or expunged.
• Focus on Rehabilitation: Programs emphasize education, counseling, and community contribution rather than punishment.

Contact a Criminal Defense Attorney Today

While pretrial diversion is a powerful opportunity, it’s not automatic. Every county and every prosecutor’s office handles eligibility differently, and small procedural mistakes can cost you the chance to participate. An experienced criminal defense attorney can evaluate whether your case qualifies for diversion, negotiate with the prosecutor to secure your acceptance, ensure all program terms are realistic and achievable, and guide you through completion and help you seal or expunge the record afterward.

If you’ve been charged with a crime in Florida and think you might qualify for a diversion program, it’s important to speak with a criminal defense attorney as soon as possible. A knowledgeable lawyer can assess your case, advocate on your behalf, and help you take full advantage of this second chance.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.