Can I Do Pre-Trial Diversion Twice?The answer to that question is simply no. The State Attorney’s offices in most Florida counties feel that you only get one bite at the proverbial pre-trial diversion apple, meaning that you can only complete the program once.
People also ask “What if I did it when I was a juvenile and now I’m an adult? Since there are different systems, can I do free trial diversion again?” Most of the time the answer is also no. The State Attorney’s office doesn’t necessarily care if you completed the program as a minor and are now facing separate criminal charges as an adult. The fact that you were extended this alternative before and once again find yourself in legal trouble will likely result in any appeals for a diversion program to be denied. In such an instance, it is vital that you have legal representation that can make you aware of pursuable alternatives.
However, it is not impossible. We have on multiple occasions been able to convince prosecutors that our clients deserve a second chance and have gotten them into a diversion program a second time.
The Orlando criminal defense lawyers at The Umansky Law Firm are former state and local prosecutors who are thoroughly aware of prosecutors will approach your criminal case. We can use our insight to stay one step ahead and engage in negotiation to have your charges lessened or even dropped altogether if possible. The State rarely empathizes with repeat offenders. We are here to try and get them to see you as a person and not a criminal. We are here to get a much-needed second chance.
Example of a Pre-Trial Diversion Case Where Client Got In!
There was a case at The Umansky Law Firm where the client did a very basic diversion program as a 10-year-old child and got a new charge as an adult and again was asked for the diversion program. It had been years since he completed the diversion program. However, the State Attorney’s office still said no. He hired our law firm and we were able to convince the prosecutor that despite the fact that our client got a first bite at that apple, it was long ago and he in fact needed a second chance. As a result of our arguments, we got that Client into a Diversion program a second time!
Just realize that the Government will consider you a first-time offender the initial time you go through the program. After that, unfortunately, no matter how minor the second crime is, or how long it has been, the State Attorney’s office will likely deny a request for a second diversion program unless you have a defense attorney fighting for you.
Can I have My Record Expunged Twice?
Another question that also arises often in this situation is if one can expunge their record twice. The answer to that is no as well. Being considered a ‘repeat offender’ in some instances doesn’t grant the same options as a first-time offender. You definitely still have options though, and meeting with a lawyer to go over your situation can give you more insight into what you can do about your criminal charges.
The Benefit of Having an Orlando Criminal Defense Lawyer
Even if you are deemed ineligible for pre-trial diversion, not all hope is lost. An experienced lawyer can still put together a viable defense for your criminal charge and attempt to get those charges dropped or penalties lessened or try to argue again to the prosecutor that you would be a good candidate for diversion. The Orlando criminal defense lawyers at The Umansky Law Firm have over 100 years of experience representing those facing serious criminal charges in the Central Florida area.
We understand the implications of getting convicted as a repeat offender and will explore all available options in your case to help ensure that you’re not defined by one regrettable mistake. Find out why we’ve been called a ‘Top Criminal Lawyer’ by Orlando Home and Leisure Magazine. Contact us today for a free case evaluation.