Criminal Law Topics

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Monday, November 21, 2011

What is Diversion?

Diversion programs usually have the effect of "diverting" the case away from the typical Criminal Court process and penalties. It allows the candidate to be monitored (usually by a probation department) for the purpose of enrolling in and completing classes or performing community service hours, or both. These obligations are available for offenders who in the discretion of the State Attorney's Office do not need the full resources of the Criminal Justice System to hold them accountable for the alleged crimes.

Diversion can be a great outcome as it can have the effect of being "dismissed" and removed from your "record". Once the candidate completes the Diversion program, the administrators notify the State Attorney's Office, and they in turn nolle prosse (dismiss) the case. When the case is nolle prossed, it may be eligible for expungement (destruction of the court file and law enforcement arrest records).

If you do not successfully complete the program, the case is returned to the normal Criminal Court docket where the defendant faces the normal case resolutions such as a trial or plea bargaining.

The State of Florida and Collier County offer Diversion programs to some of the people charged with crimes. They are created by statute and some are individually created by the State Attorney's Office.

In Naples, Collier County, there are diversion programs available for general Misdemeanor, Domestic Violence and less serious Felony cases. One may also be able to receive Diversion through Drug Court and Mental Health Court. However, the fact the programs exist does not mean everyone’s case is eligible to be diverted. The Diversion programs are an executive function and the State Attorney's Office has discretion as to who they wish to offer the programs. The State Attorney's office will look at the facts of the case, prior offenses a defendant may have and consult any victims there may be in the case. If you have been charged with a crime and want to consider Diversion, ask your attorney to explore the this option. They can discuss the circumstances that justify you receiving a Diversion offer.

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