Eligibility Defendants charged with a violation or misdemeanor not specifically excluded. Exclusions Defendants currently serving a sentence of incarceration, probation, parole or early release. Defendants with a previous violent felony conviction, any nonviolent felony within the preceding 10 years, any misdemeanor offense within the preceding five years, have been admitted to probation before judgment for any offense within the preceding five years or those charged with an offense having been convicted of the same kind of offense in the preceding five years.
Eligibility Any misdemeanor or 3 rd degree felony provided the defendant does not have more than one prior nonviolent misdemeanor conviction. Eligibility Defendants charged with felonies for which bond is permissible by law. Eligibility Any defendant that meets the criteria developed by the prosecuting attorney. Exclusions Excludes defendants charged with an offense that has a mandatory minimum sentence.
Eligibility Defendants charged with a felony, misdemeanor or petty misdemeanor not specifically excluded. Exclusions Any offense for which probation is not an authorized sentence. Defendants previously convicted of a felony, including juvenile offenses and defendants previously charged with a felony or misdemeanor who were granted deferred acceptance of plea. Specified offenses that result in the killing or serious bodily injury of another or involve use of a firearm. Eligibility Defendants charged with a misdemeanor, a level 6 felony or a level 5 felony.
Exclusions Defendants previously convicted of a felony, granted a deferred judgment two or more times, or those granted deferred judgment for a felony within the preceding 5 years. Defendants charged with domestic abuse or assault and related protection order offenses if the defendant was previously granted a deferred judgment or sentence for a similar violation anywhere in the U.
Defendants charged with specified methamphetamine offenses, certain driving under the influence offenses, operating a boat while intoxicated offenses that carry a mandatory minimum sentence, violations of no contact or protection orders, offenses requiring registration as a sex offender, certain homicide offenses related to driving under the influence, assault committed against a peace officer, lascivious acts with a child under 12 years of age and certain domestic assault offenses.
Defendants who are a mandatory reporter of child abuse when the victim is under the age of 18 and charged with a forcible felony or sexual abuse.
Defendants that are corporations. Eligibility Any defendant not specifically excluded provided the prosecuting attorney determines it would be in the best interests of justice and of benefit to the defendant and the community. Exclusions Class A or B felonies, off-grid offenses, severity level 1, 2, or 3 nondrug felonies or severity level 1 or 2 drug felonies. Defendants charged with driving under the influence offenses if the defendant previously participated in a diversion program, has a prior driving under the influence conviction or if the offense resulted in death or personal injury.
Defendants charged with domestic violence if the defendant has participated in two or more diversion programs for domestic violence in the preceding 5 years. Eligibility Defendants charged with class D felonies who have not within the preceding 10 years been convicted of a felony, been on probation or parole, or discharged for any felony sentence.
Exclusions Defendants charged with offenses for which probation, parole or conditional discharge are prohibited. Defendants who have been granted pretrial diversion in the preceding five years. Defendants who have committed a sex crime.
Eligibility Any defendant not specifically excluded provided the court determines it would be in the best interests of the defendant and public welfare. Exclusions Excludes defendants charged with an offense who have been convicted of or placed on probation before judgment for the same offense within the last 10 years. Applies to the following offenses: driving under the influence or impairment of alcohol or drugs, homicide by vehicle or vessel while under the influence or impairment of alcohol, homicide by vehicle or vessel while impaired by drugs, homicide by vehicle or vessel while impaired by a controlled dangerous substance, and life-threatening injury by vehicle or vessel while under the influence of alcohol and related crimes.
Defendants charged with a second or subsequent controlled dangerous substance offense except for certain possession offenses when the defendant has only one prior conviction or diversion. Defendants charged with a moving violation who hold a provisional license and have previously been placed on probation for the same offense. Eligibility Defendants charged with a nonperson felony, gross misdemeanor, or misdemeanor. Exclusions Defendants who have previously participated in a diversion program.
Eligibility No statutory eligibility specified. Instructs the corrections department via community corrections programs to promulgate rules and regulations for the operation of preventive or diversionary programs. Eligibility Eligibility is to be determined by each program following consultation with criminal justice officials and program representatives.
Defendants previously convicted of any crime except a minor traffic offense. Defendants previously ordered to complete a preprosecution diversion program. Guidelines developed by the attorney general and supervisory treatment programs are approved by the Supreme Court.
Exclusions Defendants who have previously participated in specified statutory diversion programs. Presumption of exclusion for a defendant who was a public officer or employee charged with an offense related to their position, or a defendant charged with domestic violence and the offense was committed while in violation of a restraining order or involved violence or threat of violence.
Exclusions Any disorderly persons or petty disorderly persons offenses related to drugs or paraphernalia. Defendants with a prior conviction for a petty disorderly offense or a disorderly persons offense. Defendants who have previously participated in specified statutory diversion programs.
Defendants charged with a crime related to organized crime, continuing criminal business or enterprise, breach of public trust by a public officer or employee, domestic violence, driving under the influence, or animal cruelty.
And if you violate any of the terms, the prosecution can continue to pursue a case against you. There are some exceptions and flexibility related to your eligibility for a pretrial diversion, but there are some basic rules to qualify for the program. Some of them include but may not be limited to:. If you meet any of these and any other requirements designated by the Law, you can apply for a pretrial diversion. And the process will have the following components:.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Practice Areas. Pretrial Diversion and Expunctions. Pretrial Diversion and Expunctions In criminal matters, pretrial diversion is a common way in which cases are disposed.
The law to the rescue Thankfully, the law explicitly provides for one to be able to clear their record after completing a pretrial diversion program. The expunction process The process for obtaining an expunction involves filing a petition for the expunction of records in the county in which the indictment was presented.
Contact Us Tell us about your case Submit a Law Firm Client Review. Sometimes a judge or prosecutor will make some period of confinement a special condition of probation or simply order incarceration followed by probation.
For example, convicted sex offenders or predators typically serve years of prison followed by long stretches on sex offender probation.
A huge percentage of these types of probationers return to prison throughout their lives. A very common type of felony probation in North Florida is drug offender probation.
Simply stated, if a person can get their drug problem or cravings eliminated for a period of time, frequently 18 months, report in once a month, hang around the right type of people, pay the all important fees and costs and not get rearrested for any new charges during the period of probation, they successfully complete probation. If they violate probation, the judge signs a warrant, almost always with no monetary bond the violator is not entitled to one by law , the person returns to his or her same judge, faces getting a conviction and jail or prison time.
Over the years this writer has observed dozens of judges handle probation violations. Some give second, third and fourth chances. Some are reluctant to even take a plea with a probationary sentence because so many on probation simply violate, return to court and clog up the dockets. Misdemeanor probation in Duval, Clay and Nassau counties is administered by the Salvation Army under a contractual arrangement with the court system.
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