Pretrial diversion (PTD), often called just diversion, is a term for a voluntary program offered by the State Attorney’s Office to avoid criminal prosecution. Orange County offers many different diversionary programs. Eligibility to these programs depends on your charges and facts of your case.
Level One Drug Diversion Program
Criminal Offenses Eligible for Level One
The level one drug diversion program is offered to those who have been arrested for:
Eligibility for participation
Prior criminal history is not taken into consideration for participation in the level one drug diversion program. However, you are only permitted to participate in this program once every six months. Other eligibiltty requirements can be found here..
Program Requirements
Participants who qualify for the level one diversion program will be required to watch a free online drug education course. Participants will follow the prompts at the end of the 35 minute long video and be issued a certificate of completion. Once this certificate has been received and verified by the State Attorneys office, they will dismiss you case and file a Nolle Prosequi.
Level Two Drug Diversion Program
Criminal Offenses Eligible for Level Two
The level two drug diversion program is offered to those with the following offenses:
- Simple possession of illegal narcotics. These drugs include heroin, cocaine, felony cannabis, and fentanyl, among others.
- Possession of cannabis (misdemeanor or felony amounts) with intent to sell.
- Purchase of illegal narcotics.
- Obtaining or attempting to obtain illegal narcotics by fraud.
- Possession of a Controlled Substance without Prescription.
Eligibility for Participation
Eligibility of the level two is for participants with no or minor recent criminal history. The prosecutor assigned to your case has the discretion to admit or deny admittance into the program based on the facts of your case.
Program Requirements
If you are found eligible for the program and wish to complete the program you must sign a level two drug diversion contract. As part of the contract you must complete three item:
- Participants will be required to pay a $100 cost of prosecution fee. This will be paid through the clerk of court.
- Participants must complete 4 hours of community service. This can be completed at any nonprofit organization.
- Participants must also complete a 4 hour online substance abuse course. The can be completed through any program so long as you are issued a certificate of completion.
Once all three items have been completed and proof has been submitted to the prosecutor assigned to your case, your case will be completely dropped.
Level Three Pretrial Diversion Program
Criminal Offenses Eligible for Level Three
The level three pretrial diversion program is the traditional pretrial diversion program. Most misdemeanors, DUI’s and third-degree felonies will be eligible for pre-trial diversion. As well as some second degree felonies. Cases that may not be appropriate for diversion are felonies involving weapons and extreme violence, domestic violence cases involving a firearm or weapon or cases involving sexual allegations.
Eligibility for Participation
The most significant factor in determining a person’s eligibility for pre-trial diversion is whether or not there is a likelihood that he or she will cooperate with and benefit from the program. Other factors that may be considered are:
- The nature of the crime committed and facts of the case
- If you are a first-time offender or not. While previous criminal history does not automatically disqualify you from eligibility of the program, it is considered.
- Whether or not the person has ever participated in any diversionary program or has been on probation and if you had prior success or failure with a diversion program or probation.
- The person’s residence. Generally, a person who enters PTD is not required to live in the State of Florida. However, a person is required to work, live or study in the United States.
Only the State Attorneys office can refer and approve your case for pretrial diversion. If you are approved for pretrial diversion, you will sign a contract with the State Attorneys office to complete the conditions.
Program Requirements
Each case will have different requirements to complete the program depending on the nature of the crime. Standard conditions typically include monthly reporting, community service, random uranalysis testing, monthly cost of supervision fee. Special conditions can include an anti theft course, drug and substance abuse education, drug evaluation and follow up treatment if recommended, anger management course, letter of apology.
DWLS Diversion Program The DWLS Diversion Program provides two opportunities for diversion:
Level 1 is for those who have the financial means to address their outstanding debts and obtain a valid license by their first scheduled court hearing following their arrest or issuance of the citation.
Level 2 is for those who may not have the financial means to pay outstanding fees that would allow them to obtain a valid license by their first scheduled court hearing, but is willing to commit to a six-month program to help pay off their outstanding debts and obtain a valid license. This program requires a $50 cost of prosecution fee and six months of consecutive payments on a payment plan administered by the Clerk of the Court.
Individuals who qualify for the program will be offered entry by the prosecutor in court. When the person successfully fulfills the terms and conditions of the DWLS Diversion Program, their case will be dismissed by the prosecutor.
Criminal Offenses Eligible
This diversion program is designed for those specifically arrested for driving while license suspended or revoked or no valid driver’s license.
Eligibility for Participation
To qualify for the DWLS Diversion Program, the person’s driving privilege must be suspended for failing to pay traiffic fines or penalties, tolls or failure to pay on a criminal case.
You are not eligible for the DWLS Diversion Program if your license is suspended for cases involving a crash, property damage, or personal injury or death or driving on a DUI related suspension.
Program Requirements
The prosecutor will advise the person if he/she is eligible for the DWLS Diversion Program in court. If an invidual is eligble for the level 1 DWLS diversion program it will be handled during arraignment. Individuals who are eligible for the DWLS Diversion Level 2 Program will be expected to sign the program agreement in court and go to Room 410 in the Orange County Courthouse to sign up for a payment plan and pay the $100 down payment. The down payment will be applied to the $50 cost of prosecution and any other outstanding financial obligations.
Resisting an Officer without Violence Diversion
Criminal Offenses Eligible for Resisting Diversion
This diversion program is designed for those specifically arrested for resisting an officer without violence. You can complete this program if you were also charged with misdemeanor drug possession or third degree felony drug possession charge along with resisting an officer without violence.
Eligibility for Participation
Prior criminal history is not taken into consideration for participation in the level one drug diversion program. However, you are only permitted to participate in this program once every six months.
Program Requirements
Participants who qualify for the level one diversion program will be required to watch a free online resisting an officer without violence education course. Participants will follow the prompts at the end of the 35 minute long video and be issued a certificate of completion. Once this certificate has been received and verified by the State Attorneys office, they will dismiss you case and file a Nolle Prosequi.
Underage Drinking Diversion Program
Criminal Offenses Eligible for Underage Drinking Diversion
This diversion program is designed for those specifically arrested for possession of alcoholic beverages by persons under age 21 and possession of a false driver license or identification card.
Eligibility for Participation
To qualify for the Underage Drinking Diversion Program, the person must be under the age of 21at the time of the offense, and the facts of the case must involve alcohol consumption, possession, or attempt to gain access to establishments that serve alcohol.
Program Requirements
Participants who qualify for the level one diversion program will be required to watch a free online education course regarding underage drinking. Participants will follow the prompts at the end of the short video and be issued a certificate of completion. Once this certificate has been received and verified by the State Attorneys office, they will dismiss you case and file a Nolle Prosequi.
Juvenile Diversion Programs
Teen Court
A peer-oriented program, Teen Court is for youth ages 12 to 18. Most of the program’s participants are assisted by adult and teen volunteers who take on the role of judges, lawyers and jury. The Teen Court volunteers determine the appropriate sanctions for the delinquent offense. Teen Court also provides a specialized track for juvenile domestic violence offenders.
Juvenile Diversion Alternative Program (JDAP)
Youth for this program may be referred by the Department of Juvenile Justice and approved by the State Attorney’s Office. The targeted age group is under 17 years old. JDAP is a counseling intensive program and also has a domestic violence component.
Veterans Court
Veteran’s Diversion program is offered to those who were members of the Armed Forces. The goal is to provide rehabilitative services to those who have committed certain types of criminal offenses. The programs include substance abuse evaluation and treatment, metal health evaluation, and treatment and job skill development.
Pretrial diversion (PTD), often called just diversion, is a term for a voluntary program offered by the State Attorney’s Office to avoid criminal prosecution. Orange County offers many different diversionary programs. Eligibility to these programs depends on your charges and facts of your case.
Level One Drug Diversion Program
Criminal Offenses Eligible for Level One
The level one drug diversion program is offered to those who have been arrested for:
Eligibility for participation
Prior criminal history is not taken into consideration for participation in the level one drug diversion program. However, you are only permitted to participate in this program once every six months. Other eligibiltty requirements can be found here..
Program Requirements
Participants who qualify for the level one diversion program will be required to watch a free online drug education course. Participants will follow the prompts at the end of the 35 minute long video and be issued a certificate of completion. Once this certificate has been received and verified by the State Attorneys office, they will dismiss you case and file a Nolle Prosequi.
Level Two Drug Diversion Program
Criminal Offenses Eligible for Level Two
The level two drug diversion program is offered to those with the following offenses:
- Simple possession of illegal narcotics. These drugs include heroin, cocaine, felony cannabis, and fentanyl, among others.
- Possession of cannabis (misdemeanor or felony amounts) with intent to sell.
- Purchase of illegal narcotics.
- Obtaining or attempting to obtain illegal narcotics by fraud.
- Possession of a Controlled Substance without Prescription.
Eligibility for Participation
Eligibility of the level two is for participants with no or minor recent criminal history. The prosecutor assigned to your case has the discretion to admit or deny admittance into the program based on the facts of your case.
Program Requirements
If you are found eligible for the program and wish to complete the program you must sign a level two drug diversion contract. As part of the contract you must complete three item:
- Participants will be required to pay a $100 cost of prosecution fee. This will be paid through the clerk of court.
- Participants must complete 4 hours of community service. This can be completed at any nonprofit organization.
- Participants must also complete a 4 hour online substance abuse course. The can be completed through any program so long as you are issued a certificate of completion.
Once all three items have been completed and proof has been submitted to the prosecutor assigned to your case, your case will be completely dropped.
Level Three Pretrial Diversion Program
Criminal Offenses Eligible for Level Three
The level three pretrial diversion program is the traditional pretrial diversion program. Most misdemeanors, DUI’s and third-degree felonies will be eligible for pre-trial diversion. As well as some second degree felonies. Cases that may not be appropriate for diversion are felonies involving weapons and extreme violence, domestic violence cases involving a firearm or weapon or cases involving sexual allegations.
Eligibility for Participation
The most significant factor in determining a person’s eligibility for pre-trial diversion is whether or not there is a likelihood that he or she will cooperate with and benefit from the program. Other factors that may be considered are:
- The nature of the crime committed and facts of the case
- If you are a first-time offender or not. While previous criminal history does not automatically disqualify you from eligibility of the program, it is considered.
- Whether or not the person has ever participated in any diversionary program or has been on probation and if you had prior success or failure with a diversion program or probation.
- The person’s residence. Generally, a person who enters PTD is not required to live in the State of Florida. However, a person is required to work, live or study in the United States.
Only the State Attorneys office can refer and approve your case for pretrial diversion. If you are approved for pretrial diversion, you will sign a contract with the State Attorneys office to complete the conditions.
Program Requirements
Each case will have different requirements to complete the program depending on the nature of the crime. Standard conditions typically include monthly reporting, community service, random uranalysis testing, monthly cost of supervision fee. Special conditions can include an anti theft course, drug and substance abuse education, drug evaluation and follow up treatment if recommended, anger management course, letter of apology.
DWLS Diversion Program The DWLS Diversion Program provides two opportunities for diversion:
Level 1 is for those who have the financial means to address their outstanding debts and obtain a valid license by their first scheduled court hearing following their arrest or issuance of the citation.
Level 2 is for those who may not have the financial means to pay outstanding fees that would allow them to obtain a valid license by their first scheduled court hearing, but is willing to commit to a six-month program to help pay off their outstanding debts and obtain a valid license. This program requires a $50 cost of prosecution fee and six months of consecutive payments on a payment plan administered by the Clerk of the Court.
Individuals who qualify for the program will be offered entry by the prosecutor in court. When the person successfully fulfills the terms and conditions of the DWLS Diversion Program, their case will be dismissed by the prosecutor.
Criminal Offenses Eligible
This diversion program is designed for those specifically arrested for driving while license suspended or revoked or no valid driver’s license.
Eligibility for Participation
To qualify for the DWLS Diversion Program, the person’s driving privilege must be suspended for failing to pay traiffic fines or penalties, tolls or failure to pay on a criminal case.
You are not eligible for the DWLS Diversion Program if your license is suspended for cases involving a crash, property damage, or personal injury or death or driving on a DUI related suspension.
Program Requirements
The prosecutor will advise the person if he/she is eligible for the DWLS Diversion Program in court. If an invidual is eligble for the level 1 DWLS diversion program it will be handled during arraignment. Individuals who are eligible for the DWLS Diversion Level 2 Program will be expected to sign the program agreement in court and go to Room 410 in the Orange County Courthouse to sign up for a payment plan and pay the $100 down payment. The down payment will be applied to the $50 cost of prosecution and any other outstanding financial obligations.
Resisting an Officer without Violence Diversion
Criminal Offenses Eligible for Resisting Diversion
This diversion program is designed for those specifically arrested for resisting an officer without violence. You can complete this program if you were also charged with misdemeanor drug possession or third degree felony drug possession charge along with resisting an officer without violence.
Eligibility for Participation
Prior criminal history is not taken into consideration for participation in the level one drug diversion program. However, you are only permitted to participate in this program once every six months.
Program Requirements
Participants who qualify for the level one diversion program will be required to watch a free online resisting an officer without violence education course. Participants will follow the prompts at the end of the 35 minute long video and be issued a certificate of completion. Once this certificate has been received and verified by the State Attorneys office, they will dismiss you case and file a Nolle Prosequi.
Underage Drinking Diversion Program
Criminal Offenses Eligible for Underage Drinking Diversion
This diversion program is designed for those specifically arrested for possession of alcoholic beverages by persons under age 21 and possession of a false driver license or identification card.
Eligibility for Participation
To qualify for the Underage Drinking Diversion Program, the person must be under the age of 21at the time of the offense, and the facts of the case must involve alcohol consumption, possession, or attempt to gain access to establishments that serve alcohol.
Program Requirements
Participants who qualify for the level one diversion program will be required to watch a free online education course regarding underage drinking. Participants will follow the prompts at the end of the short video and be issued a certificate of completion. Once this certificate has been received and verified by the State Attorneys office, they will dismiss you case and file a Nolle Prosequi.
Juvenile Diversion Programs
Teen Court
A peer-oriented program, Teen Court is for youth ages 12 to 18. Most of the program’s participants are assisted by adult and teen volunteers who take on the role of judges, lawyers and jury. The Teen Court volunteers determine the appropriate sanctions for the delinquent offense. Teen Court also provides a specialized track for juvenile domestic violence offenders.
Juvenile Diversion Alternative Program (JDAP)
Youth for this program may be referred by the Department of Juvenile Justice and approved by the State Attorney’s Office. The targeted age group is under 17 years old. JDAP is a counseling intensive program and also has a domestic violence component.
Veterans Court
Veteran’s Diversion program is offered to those who were members of the Armed Forces. The goal is to provide rehabilitative services to those who have committed certain types of criminal offenses. The programs include substance abuse evaluation and treatment, metal health evaluation, and treatment and job skill development.
