Understanding Pretrial Diversion Programs in Florida

If you’ve been charged with a crime in Florida, there may be a way to resolve your case without a conviction, without a trial, and without a criminal record. It’s called pretrial diversion, and for eligible individuals, it can be a life-changing opportunity.

At The Bonderud Law Firm, we regularly help clients enter and complete diversion programs as a strategic way to keep their record clean. Here’s what you need to know.

What Is Pretrial Diversion?

Pretrial diversion (also known as a pretrial intervention or deferred prosecution program) is a type of alternative resolution for certain criminal charges. If accepted into a diversion program, your case is paused while you complete specific conditions, such as:

• Community service
• Counseling or classes (e.g., anger management, theft awareness, substance abuse treatment)
• Drug testing
• Restitution payments (if applicable)
• Avoiding any new arrests

Upon successful completion, the charges are typically dismissed, and you may then be eligible to seal or expunge your record.

Who Is Eligible for Diversion?

Eligibility depends on:

• The nature of the charge (usually misdemeanors or non-violent felonies)
• Your criminal history (first-time offenders are most commonly accepted)
• The discretion of the prosecutor and approval of the court

Common charges considered for diversion:

• Theft/shoplifting
• Possession of marijuana or other minor drug offenses
• Battery or disorderly conduct
• Trespassing
• Driving with a suspended license

Benefits of Diversion

✅ Avoid a conviction
✅ No jail time
✅ Record may be sealed or expunged after dismissal
✅ Less expensive than trial or long-term supervision
✅ Discreet resolution without public courtroom drama

What Happens If You Fail the Program?

If you don’t complete the program (miss appointments, fail drug tests, get arrested again), the State can reinstate the prosecution, and your case resumes where it left off — often with fewer options available.

Diversion Can Be the Second Chance You Need

Pretrial diversion isn’t a free pass — but it’s a valuable opportunity to move forward without a permanent mark on your record. An experienced criminal defense attorney can advocate for your acceptance into a program and guide you through to completion.

At The Bonderud Law Firm, we help clients access and complete diversion programs across Florida. Contact us today to schedule a consultation and find out if you qualify.