Can I get pretrial diversion in Palm Beach or Broward County?

Diversion means a case is set aside while the person completes conditions, and then dismissed or dropped if the conditions are met. It is not a right: each program has its own eligibility rules, and the prosecutor, and sometimes the victim and the judge, must agree. This page explains Florida's pretrial intervention statute and what the Palm Beach and Broward offices publish about their programs. Whether a charge can end some other way is on our page about whether criminal charges can be dropped before trial. For the charges Mr. Mead defends, see the criminal defense practice areas.

How does diversion work, step by step?

1. Screening. After the arrest, the charge, the record and the county decide which programs could apply.
2. Application or offer. Depending on the program, the State Attorney decides eligibility at arraignment (Broward's Misdemeanor Diversion Program), a lawyer applies within a deadline (Broward felony PTI, 45 days from arraignment), or the court screens the person (drug courts).
3. Consents and waivers. Statutory pretrial intervention needs the administrator's approval and the consent of the victim, the State Attorney and the judge, plus a speedy trial waiver.
4. The program. The person completes the conditions: supervision, classes, treatment, community service, restitution or payments.
5. The result. On completion, most programs end in a dismissal or nolle prosequi; some, like Palm Beach's DUI program, end with a plea on reduced terms.
6. The record. A dismissal or nolle prosequi as to all counts is usually sealed automatically, with exceptions.

What does Florida's pretrial intervention law require?

Section 948.08, Florida Statutes, sets the baseline:

• Who: any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with a misdemeanor or a third-degree felony (s. 948.08(2)).
• Consent: approval of the program administrator and consent of the victim, the State Attorney and the judge who presided at first appearance. The defendant and family may not personally contact the victim to get that consent.
• Waiver: the defendant must agree voluntarily, after talking with a lawyer, and waive the right to a speedy trial for the diversion period.
• Length: the charges are continued for 90 days, and another 90 days on request of the administrator with the State Attorney's consent (s. 948.08(3)).
• Result: the administrator recommends prosecution, more supervision, or "dismissal of charges without prejudice," and the State Attorney makes the final determination (s. 948.08(5)).

A separate track exists for substance abuse. A person identified as having a substance abuse problem and charged with a nonviolent felony, with no more than two prior nonviolent felony convictions and no violent charge, is eligible for a pretrial substance abuse education and treatment program, including a drug court, though the court holds a hearing and must deny admission if the State proves involvement in dealing or selling (s. 948.08(6)). Diversion also stops the speedy trial clock for its duration, as explained on our page about speedy trial deadlines in Florida.

What diversion programs does Broward County offer?

The felony PTI rules are strict about timing. The office says a lawyer seeking PTI "must apply within forty-five (45) days from the date of arraignment," that "The taking of depositions or hearing substantive motions will disqualify a defendant from PTI consideration," and that review can take 30 to 90 days. Among the charges it lists as not eligible are second-degree felonies or higher, violent crimes, attempted residential burglary, driving while license suspended, DUI, leaving the scene of an accident, and cases with restitution over $5,000. The office also notes that adult civil citation is at police agencies' "sole discretion," not the prosecutor's. The first steps of a Broward case, before any diversion question comes up, are described on our page about the Broward Central Courthouse and Main Jail.

For a first shoplifting charge, how the case moves and where the store's civil demand letter fits is explained in what happens after a shoplifting arrest.

What about Palm Beach County?

The Palm Beach County State Attorney's office divisions page says many misdemeanor cases come in to its satellite offices in Belle Glade, North County and South County, and that "Many result in plea offers and pretrial diversion." Two Palm Beach programs are published in detail:

• Adult Drug Court: the Fifteenth Judicial Circuit describes a judicially supervised treatment program for "nonviolent, adult, drug-involved felony defendants" who live in Palm Beach County, usually lasting about a year, for people not on probation or parole and with no other open cases. Hearings are at the Criminal Justice Complex on Gun Club Road, Mondays and Thursdays at 1:30 p.m. Participants pay $20.00 a week toward treatment and testing. On completion, the circuit says the charges will be dismissed and first-time offenders' records may be sealed or expunged. Our drug offense defense page covers the charges themselves.
• First-time DUI program: a State Attorney program that ends in a reckless driving plea for approved first-time DUI defendants, with strict timing at arraignment. See our page on the Palm Beach County first-time DUI program.

The possession charges that can lead to drug court, and the license suspension a conviction brings, are compared in the penalties for drug possession in Florida.

When should diversion be raised?

Early. Broward's felony PTI has a 45-day application window from arraignment and is lost if depositions are taken or substantive motions are heard, and the Palm Beach DUI program must be entered at arraignment before defense motions or discovery demands. That creates a real choice between applying for a program and litigating the case, and it has to be made with the evidence in view. Some programs also involve a plea: Broward's felony PTI page says out-of-state residents, late applicants and some others must plead guilty with sentencing deferred for a year.

Does completing diversion clear my record?

Completion usually ends in a dismissal or a nolle prosequi, and Florida automatically seals many records when charges are dismissed or nolle prossed as to all counts (s. 943.0595(2)), with exceptions for forcible felonies and certain sex offenses. Some programs end differently: Palm Beach's DUI program ends with a plea to reckless driving with adjudication withheld, which is explained on our page about a withhold of adjudication. Records that are not sealed automatically may qualify for a petition, covered on our records sealing and expungement page. The automatic process, and its limits, is described in automatic record sealing in Florida. The eligibility rules for a petition are in whether you can seal or expunge your record.

What changes the answer?

• The charge. Statutory PTI covers misdemeanors and third-degree felonies; Broward's felony PTI excludes second-degree felonies, violent crimes, DUI, driving while license suspended and leaving the scene, among others. Degrees are explained in our chart of Florida criminal penalties.
• Prior record. PTI is for first offenders or people with no more than one prior nonviolent misdemeanor (s. 948.08(2)); other programs set their own limits.
• The alleged victim. Statutory PTI and Court to College require the victim's consent, and restitution is often a condition.
• A substance abuse problem. The drug court track in section 948.08(6) and Palm Beach's Adult Drug Court are built for drug-involved defendants.
• Age. Broward's State Attorney refers first-time juvenile misdemeanors and nonviolent third-degree felonies to diversion and says the case is declined on completion. Juvenile cases are discussed on our juvenile offenses page. For a first misdemeanor, a citation in place of arrest is explained in juvenile civil citation in Florida.
• What the defense has already filed. Depositions or substantive motions disqualify Broward felony PTI, and defense motions or discovery demands disqualify the Palm Beach DUI program.

A worked example

For example, take a hypothetical Broward resident with no record, charged with a qualifying third-degree felony after an arrest in Coral Springs. At arraignment the person pleads not guilty through a lawyer. Within 45 days, the lawyer applies for Felony Pre-Trial Intervention, and the defense holds off on depositions and substantive motions, which would disqualify the application. The review takes 30 to 90 days. If approved, the person spends about a year under Department of Corrections supervision, pays any restitution, and the charges are dismissed on completion. Because the charges end in a dismissal as to all counts, and the charge was not a forcible felony or a listed sex offense, FDLE would seal the record automatically under section 943.0595. If the person were instead not approved, the case would return to the normal track with the defense free to litigate. This is a hypothetical example of the published process, not a promise of admission or result.

Common mistakes people make

• Missing Broward's 45-day felony PTI window by waiting to see how the case develops.
• Taking depositions or arguing substantive motions before deciding about PTI.
• Contacting the alleged victim personally to seek consent, which the statute forbids.
• Assuming every program ends with no plea; some require a plea with sentencing deferred.
• Picking up a new arrest during the program, which can end it.

What to do this week

1. Write down the exact charges and the arraignment date.
2. List any prior arrests, convictions and earlier diversion, in any state.
3. Gather proof of work, school, treatment or military service that a program may consider.
4. Do not contact the alleged victim.
5. Speak with a lawyer before any motion or deposition is filed; the hearing itself is covered in whether you have to go to your arraignment.

Frequently asked questions

What is the difference between diversion and probation?

Diversion pauses the prosecution while the person completes conditions, usually ending in a dismissal. Probation is a sentence after a plea or finding of guilt, with or without a withheld adjudication.

Does Broward have a DUI diversion program?

Its published list does not include a DUI-specific program, and DUI is listed as ineligible for felony PTI. Palm Beach's first-time DUI program is a State Attorney program for that county only.

How much does diversion cost?

It depends on the program. Broward's Misdemeanor Diversion Program lists $150 in costs of prosecution per defendant, with no refunds, and Palm Beach's Adult Drug Court lists $20.00 a week toward treatment and testing.

Can I get diversion for a second offense?

Statutory PTI allows one prior nonviolent misdemeanor (s. 948.08(2)). Other programs, such as the OIC program and the substance abuse track, allow some prior convictions under their own rules.

Is there a diversion program for driving on a suspended license?

In Broward, the License To Drive program handles misdemeanor driving with a suspended, revoked or canceled license, helping the driver get a valid license. Local details are on our Broward County page.

Where are Palm Beach drug court hearings held?

At the Criminal Justice Complex on Gun Club Road, Mondays and Thursdays at 1:30 p.m., according to the circuit. The complex is described on our page about the Palm Beach County jail and first appearance.

How can Mr. Mead help?

Mr. Mead can review whether a program's criteria appear to fit, meet the application deadlines, and weigh a program against the defenses the evidence may support. Admission is never guaranteed, and every case is different. For a confidential conversation about a charge in Palm Beach or Broward County, call (561) 362-6677, 24 hours a day.

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