Why can’t I get pretrial diversion when I have no priors?

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April 22, 2019
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Why can’t I get pretrial diversion when I have no priors?

Just recently, my client wanted to be placed on pretrial diversion in the State of Florida for a felony offense.  She told me she had no prior criminal record.  Unfortunately,  I had to inform her that according to Florida Statute 948.08(2), Pretrial Intervention Program, stated the following:

Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender…

Accordingly, if you have no priors but get charged with a felony greater than the third degree, namely a 1st or 2nd, you will be not eligible for the Pretrial Intervention Program in the State of Florida.  

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