The outcome of your criminal case can affect your life, future, finances, and family. Do not gamble with something so important. If you have been arrested, a criminal defense attorney with Bogin, Munns & Munns can guide you through the justice system.
Our pretrial diversion lawyers in Orange City, Florida can help you to get your charges cleared from your record, avoiding fines, incarceration, and other penalties. With over 40 attorneys on staff, you can rest assured we will match you with a lawyer who has experience with the issues in your case.
How Our Orange City Pretrial Diversion Lawyers Can Help You
Prosecuting attorneys often deal with multiple cases, so they may not have the time or resources to recognize every defendant who qualifies for diversion. Our lawyers can petition prosecutors on your behalf for referral to a diversion program. However, the decision ultimately rests with the State Attorney’s Office. We can prepare a brief on your behalf if necessary.
Participating in pretrial diversion, also known as pretrial intervention (PTI) or a Deferred Prosecution Agreement (DPA), offers defendants many benefits. Our lawyers may be able to help you:
Avoid Costly Convictions
A criminal conviction can come with steep fines. For example, Florida Statutes §775.083 states that a misdemeanor could carry a $500 to $1,000 penalty, while a third-degree felony conviction may result in up to $5,000 in fines. Furthermore, you will have added court costs and legal fees if your case goes to trial.
Pretrial diversion may offer a case resolution that avoids some legal expenses. Additionally, the court may reduce or waive fines upon your successful completion of a diversion agreement.
Protect Your Freedom
Our Orange City pretrial diversion lawyers may be able to prevent you from serving jail time. For example, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that a driving under the influence (DUI) conviction comes with a minimum six-month sentence. However, if you participate in pretrial diversion or DUI court, you might be able to avoid incarceration.
Prevent a Criminal Record that Could Affect Your Future
Most job, housing, and student loan applications ask about your criminal history. Unfortunately, even a misdemeanor conviction on your record could hinder your career and educational prospects or prevent you from securing housing or funding. Completion of pretrial diversion can result in the court dismissing your charges or make it easier for your lawyer to get your record sealed or expunged.
To consult with an experienced pretrial diversion lawyer serving Orange City
(855) 780-9986
We Have Decades of Criminal Defense Experience
Bogin, Munns & Munns has served Florida clients since 1979. Whether fighting for a pretrial diversion or defending you against charges, we will aggressively pursue the best possible case resolution. Our criminal defense team can:
- Get you released on bail or reduce your bail
- Collect and analyze evidence
- Review the prosecutor’s case and evaluate its strength
- Interview witnesses
- Work alongside investigators and subject matter experts
- Ensure law enforcement respected your rights (i.e., had a warrant, read you your Miranda rights, correctly handled evidence)
- Negotiate a plea bargain or plead your case down to an offense eligible for pretrial diversion
- Represent you during court appearances (including at trial if needed)
We care about our clients and their families and will stand by you every step of the way. Our goal is to help you take care of your legal issues as efficiently as possible with minimal disruption to your life.
Are You Eligible for Pretrial Diversion?
According to Florida Statutes § 948.08, you can seek pretrial diversion for first offenses (or the second nonviolent misdemeanor), misdemeanors, and third-degree felonies. Eligible crimes may include:
- Theft, including grand and petit theft charges
- Trespassing
- Vandalism
- DUI
- First-time possession of controlled substances
- Juvenile crimes
- Driving on a suspended or revoked license
- Driving without a license
You cannot seek diversion for offenses considered “forcible felonies” under Florida Statutes § 776.08. The statute defines a forcible felony as any felony involving “the use or threat of physical force or violence against any individual,” including:
- Manslaughter
- Murder
- Aggravated battery or aggravated sexual battery
- Kidnapping
- Arson
- Burglary
- Home-invasion robbery
- Carjacking
Orange City Pretrial Diversion Lawyer Near Me
(855) 780-9986
What Does Pretrial Diversion Require?
Every case is different, and the terms of your diversion will depend on your specific charges and court agreements. However, common conditions include:
- Showing for every court appearance
- Submitting to 6-12 months of supervision (much like probation)
- Attending a drug or alcohol rehabilitation program
- Submitting to drug and alcohol screenings (and having clean test results)
- Paying court-ordered costs or restitution
- Fulfill community service hours
- Maintaining employment/attending school
- Avoiding arrests and charges while in a program
We Care About Your Success
Pretrial diversion helps defendants by offering them the chance at treatment, counseling, and other tools to help them avoid reoffending. In the Seventh Judicial Circuit of Florida, some offenders can enroll in drug or DUI courts, which require participants to seek help with addiction.
Diversion has proven successful. According to Florida’s Office of Program Policy Analysis and Government Accountability, Volusia County’s pretrial release programs served 4,710 participants in 2020. Of these, only 14% did not comply with the program, only 6% failed to appear in court, and only 11% were rearrested while in the program.
Our Orange City pretrial diversion lawyers are here to help give you a second chance. We want to get you into a diversion program that provides resources to aid in your future success. So, we will ensure you understand your program’s conditions and do our part legally to help you comply.
If the Program Is Not Completed
If you don’t adhere to your pretrial diversion, the court could rescind the opportunity to avoid conviction. You may then face prosecution for your original charges. If this occurs, our legal team can mount your defense (though we will try to help you prevent this outcome).
Click to contact our Orange City Pretrial Diversion Lawyers today
Reach Out to Bogin, Munns & Munns
At Bogin, Munns & Munns, we want to help give you a second chance and will aggressively pursue the best possible case resolution for you. Our Orange City defense lawyers can provide you with professional, reliable, and affordable legal services.
Do not hesitate to reach out to Bogin, Munns & Munns today to schedule a consultation and find out how we can help you.
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