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There are many terms for what is known as a "pretrial diversion" or "deferred prosecution" agreement. It is referred to by different terms in different jurisdictions. As an example, in North Carolina, a drug diversion is also known as the "90-96 program." In Broward County, it's most often referred to as a "diversion" or 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 of the diversion agreement. The diversion usually consists of several hours of community service, drug testing and any forms of conditions that are deemed appropriate according to the offense. In that sense, the terms of a diversion are pretty flexible. It is important to note that a diversion is offered through the Office of The State Attorney. The Judge does 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 specific policies which are general guidelines and there are particular policies that seem like hard and fast rules. In Florida, office policies vary by circuit. Being a defendant in a criminal case is very stressful. Almost all people are extremely anxious to have their attorney attack the State's case from the very beginning. However, it is not always the top strategy to try and do so. If your attorney determines that you could be eligible to get a diversion, your attorney may not initially ask for discovery or, for that matter, do anything in your case. Different State Attorney's Offices have different guidelines. Some offices have a policy of not offering a diversion to a person who's 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. If you're considering a diversion, your attorney would be able to best tell you 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 more information, please call (954)745-5848 or visit http://AlcoholAndDrugLaw.com.
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Broward County Criminal Defense, Broward County Pretrial Diversion,
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