Florida law provides a mechanism for many types of non-violent criminal cases to be dismissed upon completion of a pretrial intervention program. If charged with a non-violent criminal misdemeanor or felony of the third degree, you may be eligible for pretrial intervention, if:
- You do not have more than one non-violent misdemeanor in your criminal history; and,
- The victim, State and Court approve.
Even in instances where the State does not approve, you may be eligible for pretrial intervention in certain types of cases or circumstances. A person is eligible for pretrial intervention if charged with a non-violent felony (such as a forcible felony, murder, sexual battery, robbery, carjacking, home invasion…) and is identified as having a substance abuse problem, or is charged with a felony of the second or third degree for purchase or possession of a controlled substance, prostitution, obtaining a prescription by fraud. Upon motion by any party, the court may refer the case to a Pretrial Substance Abuse Treatment Intervention Program or a treatment-based drug court program. Additionally, if the person charged is a veteran who suffers from military service-related mental illness, the court may order a Pretrial Veteran’s Treatment Intervention program.
These programs all allow the accused to complete a set of conditions (mostly involving treatment) while the case is abated. Once the program is completed, the case is dismissed.
The obvious legal benefit of these pretrial intervention programs is the ultimate dismissal of the criminal charge. Additionally, the accused may personally benefit from the treatment received in the program.
To best assess whether Pretrial Diversion is the best available path in a case, it is best to consult with an attorney. Call Longwell Lawyers at (407) 553-9599 , for more information.