May 02, 2009
/24-7PressRelease/ -- Florida's Diversion Program for Drug Offenders
Article provided by Arnold & New, please visit us at
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Under Florida law, a person charged with a crime involving the purchase or possession of drugs may be eligible for a pretrial diversion program. The successful completion of the program can lead to charges being dropped.
Recent studies show that 60 percent of those arrested in Florida are under the influence of drugs or alcohol or committed the crime to get drugs or alcohol. The most frequent criminal charge filed in Florida is for drug crimes.
Florida's drug diversion program is unusual because a defendant may assert his or her right to be admitted to the program. The decision whether to admit someone to the program is made by a judge, based on the defendant meeting the eligibility requirements.
Eligibility
Admission to pretrial diversion may be available to defendants charged with felony crimes involving drugs: purchase or possession of a controlled substance, prostitution, tampering with evidence, solicitation for purchase of a controlled substance or obtaining a prescription by fraud. Felonies can be punished by time in a state prison, up to 15 years for a second degree felony, and up to 5 years for a third degree felony.
A defendant is not eligible for pretrial diversion if he or she has been previously convicted of a felony, if he or she has been previously admitted to a felony pretrial program or if the crime he or she was charged with involved violence. (For example, murder, most sexual crimes, robbery, carjacking or home-invasion robbery.) If the defendant was previously offered admission to a pretrial substance abuse education and treatment intervention program and rejected that offer on the record, he or she may be denied admission to the program.
A defendant the prosecutor thinks is dealing drugs will have a preadmission hearing. The court will not allow a defendant into the program if they find that the defendant was dealing or selling controlled substances.
Education and Treatment Program
The program is at least one year long and usually includes:
• Substance abuse treatment
• Case management
• Drug testing
• Monitoring
• Sanctions and incentives
Most counties in Florida offer the pretrial diversion program through drug courts. Drug courts operate with a team approach and are more collaborative and less adversarial. Usually, those in the program appear in court more often to monitor progress. Graduated sanctions are imposed for those who fail drug tests or miss treatment or court. Community service, extended probation or even jail stays may be part of the sanctions. The goal of the program is to treat the underlying drug or alcohol problem
Interestingly, the very first drug court program in the country was in Miami-Date County in 1989. Florida still leads the way with more than half of the counties having some type of drug court and 31 (out of 67) counties offering drug courts for pretrial diversion. In recent years, more than 6,500 offenders were admitted to the pretrial diversion drug court.
What Happens After Diversion?
In most situations, a defendant who successfully completes the diversion program will have the charges against them dismissed. A defendant who does not successfully complete the program may be allowed to continue with education and treatment. Otherwise, the original charges may be prosecuted.
Misdemeanor Drug Diversion
A very similar program is available for misdemeanor drug crimes. The main difference is that the length of the program (at least one year for the felony diversion program) is not spelled out in the law.
Other Diversion Programs
Pretrial diversion is also available for other non-violent misdemeanor and third degree felonies. The main difference between these other programs and the drug diversion programs is that the prosecutor must agree to the defendant being placed in the diversion program. In addition, the consent of the victim is required and the administrator of the program and the judge must agree to the placement. The defendant or his or her family must not contact the victim to get consent.
Depending on what's available and what's appropriate for a particular offender the program may include:
• Counseling
• Education
• Supervision
• Medical treatment
• Psychological treatment
After talking to a lawyer, the offender must agree to being placed in the program and give up his or her right to a speedy trial.
If you are facing drug charges in Florida, you will want to contact a criminal defense attorney to ensure that you have complete information on your rights regarding pretrial diversion.
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