The Office of the State Attorney has structured an alternative prosecution program called the Pre-Trial diversion program. Pre-Trial Diversion is the only approved method of alternative prosecution in Orange and Osceola counties. If a defendant successfully completes Pre-Trial Diversion, the State Attorney's Office will drop the charges. Furthermore, once the charges are dropped, the defendant is likely eligible to have their record expunged.
What are the conditions of Pre-Trial Diversion?
Felony PTD is a nine month program with a program cost of $450. Misdemeanor PTD is a 6month program that costs $300. Each program requires at a minimum, community service hours, bi-weekly or monthly reporting and offense related classes and/or counseling.
What criteria are used to determine whether a case will go to Pre-Trial Diversion?
- The defendant must have no prior felony offenses and may have no more than two prior unrelated misdemeanor offenses if the prior misdemeanor offenses were eligible for diversion. A felony defendant cannot have previously participated in any diversion program, including juvenile diversion. A misdemeanor defendant cannot have previously participated in more than one diversion program, including juvenile diversion.
- Generally, defendants must live within the State of Florida. Some exceptions may be made for out-of-state defendants.
- The victim must approve the defendant's participation in the program.
- If appropriate, restitution must be made a condition of successful completion of the program. Costs of investigation are considered restitution. Cost of prosecution will always be a condition of successful completion ($50 for a misdemeanor and $100 for a felony).
What charges are eligible for Pre-Trial Diversion?
- Third degree felonies - except those involving the use of a weapon or violence upon a person - Carrying a concealed firearm may be considered in situations involving securely-encased weapons discovered in luggage at the airport, or briefcases or handbags at a Courthouse and the facts do not indicate anything other than the defendant forgot the weapon was in the luggage.
- Misdemeanor offenses not involving the use of a weapon or exposure of sexual organs. Wildlife/hunting offenses may be considered.
- Offenses involving driver license fraud only if it is apparent from the facts of the case that the defendant was using the driver's license to increase age to the legal drinking age.
- Second degree felony drug charges if the offense is not related to the defendant selling drugs
- Any theft case regardless of degree (on-going schemes excluded),
What charges are not acceptable for Pre-Trial Diversion?
- Cases in which the defendant is engaging in a business that is a violation of the law (i.e. drug dealers, prostitutes, etc.).
- Offenses suggesting an on-going scheme or course of criminal conduct.
- Residence related burglary cases (burglary of a dwelling).
- Criminal traffic offenses (with the exception of DUI Diversion).
- Criminal violence, however:
- Assault and battery of a law enforcement officer, firefighter, etc. may be considered.
- Resisting an officer with violence may be considered.
- Misdemeanor battery offenses may be considered - requires indication of no prior abuse, prior arrest or conviction; a weapon my not have been displayed ore used.
- Misdemeanor domestic violence related offenses may be considered - requires indication of no prior abuse, prior arrest or conviction; a weapon my not have been displayed ore used.
