Diversion programs in Florida: How they are abused

Florida has many forms of "diversion programs" or "specialty courts" where the key selling point in the complete and total dismissal of all criminal charges. Sounds awesome, right?

There is a catch.

First, this selling point usually fools people into thinking that they do not need legal counsel. After all, they reason, why not save on legal fees? They have messed up, so they reason, saving on legal fees is seen as a form of damage control.

Second, charges get dismissed: isn't that a great outcome? So, people often try to DIY, and:

• make incriminating statements to law enforcement in the field prior to or just after the arrest
• make incriminating statements to government officials 
• are unable to understand why they have so many burdensome requirements
• are frustrated by the intense level of government snooping supervision which seems worse than probation
• find out that they have to wait months and months for the ever elusive dismissal
• find out how easy it is for that dismissal to evaporate upon the slightest reason - being $5 short on a payment, late for a single minute, miss an appointment because the car breaks down, etc.
• Having entered a plea of guilty or no contest in order to get the dismissal, discover that the slightest mistake results in a jail or even a prison sentence
• learn they still have criminal history and often do not find out until months or even years later
• discover they actually had legal defenses that would have beaten the case or worse . . . 
• learn that the whole process would have been less burdensome, easier, quicker and result in zero criminal history if they had hired a skilled criminal defense lawyer.

These are just some of the problems that go with 1) the carrot of a charge dismissal, and; 2) the reality instead of the illusion.

A good rule of thumb for when to hire a criminal defense lawyer is simple: is any aspect of the potential penalty a jail or prison sentence? If the answer is yes, then hiring a criminal defense attorney is a no brainer. A skilled criminal defense lawyer can help you navigate the mine field of Florida criminal law and negotiate for the best terms for settlement, especially if a diversion program may be on the table.