Pre-trial Diversion

Willia Moore Broward Probation lawyer
There are many options for people charged with violations of probation to have their supervision reinstated according to criminal defense attorney William Moore. Of those

Contact our Probation Violation Attorneys in Broward County

Broward County Probation Attorney
Fort Lauderdale Violation of Probation Lawyer

Out  legal team understands the Addiction and Recovery Process considering that Most Violations of Probation in Florida are Due to Chemical Dependance.

That means that in most cases, we are not dealing with a person with culpable intent, rather an inability to comply with probation conditions unless the dependency issues are felt with accordingly.

Make Contact with our Broward County Probation Defense Lawyers of William Moore Criminal Defense for Arrests in Fort Lauderdale, Florida. There is never a charge to speak with us.

There is something about criminal defense work surrounding Probation Violations, Re-instatement and Diversion Programs. Is it the special attention required by clients who may have dependency issues? Experienced Criminal Lawyers view "violation" cases as anything but routine. 

Broward County Violation of Probation Attorneys from the William Moore Law Firm explain:

 

If you think about it, what links these legal services together, isn't some so-called special need or fragile state of our clients, rather another example of niche criminal defense work, Drug Court, Diversion, Early Termination of Probation Litigation & Motion Practice each have one thing in common. None of these criminal matters involve charges being defended against in the regular course of our Court System.

"Highly technical and very different than what I do with drug cases but equally as important to the client." -William Moore, Attorney

As a young criminal lawyer in the mid 90's, I remember the great strides that our fine Broward County Judges made to establish a fully functioning Drug Court. 

There is no question that our Criminal Court Judges are tough. When it comes to the drug diversion programs, however, that's not the side of them that you see. Provided a defendant is sincerely trying to abide by the terms of their probation, theses Judges will actually cheer for them. Meet with one of our Broward County Probation Defense Lawyers and learn how we have helped thousands.

What What are Criminal Diversion Programs?

 Criminal Diversion Programs, or Pre-Trial Intervention Options are great for first time offenders. Defense attorneys love them and will fight to gain entrance for their clients. With little effort, the criminal charges will be dismissed in 3 to 12 months depending on weather the crime alleged was a misdemeanor or a felony.

Yes... diversion programs are available for certain Felony Offenses in Broward County and Broward.

Broward County Probation Defense Lawyers
Our Broward County Probation Defense Lawyers are intricately familiar with all schedules of substances.

Is Drug Court the same thing as Diversion or Pre-Trial Intervention?

Criminal Drug Court Programs are not the same as Diversion or Pre-Trial Intervention in Broward or Broward County. Drug Court is far more intensive, tougher to complete and typically longer in duration. 

 

Why would any one choose Drug Court if they were Arrested in Broward County Florida as Opposed to Diversion?

Most criminal defendants according to Broward Criminal Lawyers are not given the option of either Drug Court or Diversion. If the court believes that drugs are a factor in the case, they will push for treatment. The court will always be in favor of treatment. The Defendants, are not. According to William Moore Criminal Defense Lawyers, the skill of the defendants criminal attorney really does dictate what programs are available to them, if any.

 

William Moore Violation of Probation Lawyers in the Fort Lauderdale area advised me that there is are diversion and drug court programs for first time felony drug offenses in all three South Florida Counties that may allow me to get my felony dismissed.  Is that true?

 According to Criminal Defense and Violation of Probation Lawyers in Broward County, Drug Court Programs are active in Browad, Fort Lauderdale and Fort Lauderdale-Dade. If accepted and completed, even Felony Drug Offenses will be dismissed and eligible for expunction. Nothing is ever that easy, however, and more defendants are in-elligible than eligible to participate in programs leading to the dismissal of Charges. 

 

Diversion Program for DUI Arrests also exist in Broward County and Fort Lauderdale Dade which result in dismissal. Why are there no DUI programs for first time offenders in Broward County?

Excellent Question. DUI lawyers in Broward County square off against DUI prosecutors who are quite skilled. The court system is showing no signs of over taxation due to a volume of DUI's that can not be effectively prosecuted. This is what has led some other counties to choose diversion programs. Remember, the political power and influence is for tougher DUI laws, not more lenient ones. 

 

What Types of Programs are Available for First Offenders in Broward County?

 

Criminal defense attorneys in Fort Lauderdale have the option of entering their clients into a diversion program for minor misdemeanor offenses. As a general rule, the defendant must be a first time offender and be willing to participate in a program that is similar to being on probation. Fort Lauderdale criminal lawyers advising their clients of available programs should be meticulous in explaining the details of diversion. Based on my experience as a criminal defense attorney that practices in Fort Lauderdale, the Broward diversion program tends to be a bit tougher on the defendants than either Fort Lauderdale or Fort Lauderdale. One advantage however, is that Broward does not require the defendant to plead guilty prior to entrance into the program. This is commonly referred to as a plea and pass agreement. The risk is elevated in a plea and pass agreement as the plea of guilty locks the client into a disposition of the case that is scheduled to take place at the end of the diversion term. If the client succeeds, the case is subsequently dismissed, allowing for an expunction of the charges (see Fort Lauderdale criminal defense attorney on expunction & Fort Lauderdale criminal defense attorney on record sealing). If the client does not comply however, he or she can be sentenced up to the statutory maximum for the highest level offense previously pled to.

Fort Lauderdale criminal defense attorneys should also explain that diversion programs in Broward County require the participant to admit guilt and even write a statement and/or apology to any victims involved. Note that the Fort Lauderdale criminal prosecutor must obtain approval from the named victim before diversion will be offered. This is because diversion in a program that is controlled by the Fort Lauderdale criminal prosecutor. This means that the judge does not have discretion in the acceptance or denial process. The drug court programs in Broward County, on the other hand, are court run programs (or statutory). This means that for drug court cases, the judge controls who is, and who is not, allowed to participate (see Fort Lauderdale criminal defense attorney on drug court).

Criminal defense lawyers practicing in Fort Lauderdale, should note that a defendant can participate in both the misdemeanor and felony program simultaneously for two separate crimes under Florida Drug Court Statutes.

Our Broward County drug court judges (Judge Beach & Judge Pollack) are absolutely fantastic. Each of these remarkable individuals strives on a daily basis to help defendants get clean and move on with their lives without the setback of a criminal record.

Drug Court & Diversion Programs for First Time Offenders

First time offenders may be permitted to participate in a diversionary program. Such programs allow for a dismissal of the charges pending against the client. In limited instances, defendants who have had a prior arrest may be granted admittance into a diversionary program. For more information on criminal case diversion, contact Fort Lauderdale criminal attorney William Moore today and schedule a free consultation.

Criminal Drug Possession Attorneys Should Always Fight to get their Clients into Drug Court Programs

Even if the client wants to opt out, the option should be made available as the dismissal is guaranteed  provided that conditions are followed by the accused. Special perks are given to successful participants in the program. Early termination of probation or Drug Court in Broward County serves as a powerful motivator.  Contact Criminal Lawyer William Moore online now. 

 Broward County Diversion Programs

Fort Lauderdale Drug Lawyers should always explain that a person who is charged with a second- or third-degree felony for purchase or possession of a controlled substance, or for solicitation for purchase of a controlled substance, or for obtaining a prescription by fraud, and who has neither been charged with a crime involving violence nor previously been convicted of a felony is eligible for admission into an approved pretrial substance abuse education and treatment intervention program (including a treatment-based Drug Court program) for a period of not less than one year in duration upon motion of either party or the court's own motion. The court or the state attorney, however, may deny the defendant's admission to such a program if the defendant has rejected on the record an offer of admission to a pretrial substance abuse education and treatment intervention program at any time prior to trial. Moreover, if the state attorney believes that the facts and circumstances of the case suggest the defendant's involvement in the dealing and selling of controlled substances, the court is required to hold a pre-admission hearing; the statute requires that the trial judge deny pretrial substance abuse intervention if the preponderance of the evidence at the hearing establishes that the defendant was involved in drug dealing. A pretrial intervention (PTI) agreement is in the nature of a contract similar to a plea agreement; thus, the rules of contract law apply.