subject: Who Is Eligible For A Pretrial Diversion? [print this page] There are many terms for what is known as a "pretrial diversion" or "deferred prosecution" agreement. It's referred to by different terms in different jurisdictions. One example is, 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 types of conditions that are deemed appropriate based on 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 based on the policies and procedures written by the Office of the State Attorney. There are particular policies which can be general guidelines and there are specific policies that seem like hard and fast rules. In Florida, office policies vary by circuit.
Being a defendant in a criminal case is extremely stressful. Most people are extremely anxious to have their attorney attack the State's case from the very beginning. However, it's not at all times the most effective strategy to do so. If your attorney determines that you may be eligible to get a diversion, your attorney may not initially ask for discovery or, for that matter, do anything on your case. Different State Attorney's Offices have different guidelines. Some offices have a policy of not offering a diversion to an individual who has requested discovery in his or her case. The rationale isn't that requesting discovery is a punishment, but rather the diversion offer is a reward for accepting responsibility in a timely fashion. If you are considering a diversion, your attorney would be able to best tell you what an appropriate strategy would be.
