DUI Diversion Programs We Fight For Your Freedom

DUI Diversion Programs

In Florida, a DUI arrest can have serious consequences, including jail time, expensive fines and revocation of your driving privilege. A DUI arrest can be frightening and stressful, especially if you are a first-time offender. For many first-time and nonviolent offenders, a pretrial diversion program is a possible way to avoid a criminal conviction.

In a pretrial diversion program, the participant has to meet certain requirements under supervision from the State Attorney’s Office. The program can include fee payments, sanctions or classes. If the participant completes the program without any issues, the state could agree to drop the charges.

Melbourne DUI Pretrial Diversion Attorney

Avoiding a DUI conviction can be tough, but a skilled attorney could be the difference in your case. If you are charged with a DUI in Central Florida, contact a Melbourne DUI pretrial diversion attorney at Law Offices of Bryan J. McCarthy. The attorney at Law Offices of Bryan J. McCarthy have experience on both sides of the law and can help you avoid a criminal conviction.

Call (321) 248-7742 to discuss your case and schedule a free consultation. Law Offices of Bryan J. McCarthy represents clients throughout the Brevard County area, including Cocoa, Cocoa Beach, Cape Canaveral, Grant-Valkaria, Indialantic, Indian Harbor Beach, Malabar, Melbourne Beach, Melbourne Village, Melbourne, Palm Shores, Palm Bay, Rockledge, Satellite Beach, Titusville and West Melbourne.

Misdemeanor Pretrial Diversion Program

The Florida Legislature has recognized the need to identify and divert some offenders to specialized programs. First-time offenders in the 18th Judicial Circuit, which includes Brevard County, may qualify for a misdemeanor pretrial diversion program. The program offers qualified misdemeanor offenders an alternative to formal criminal prosecution.

All referrals to the misdemeanor pretrial diversion program must originate with a recommendation by the Office of the State Attorney, according to the State Attorney 18th Judicial Circuit’s website. Having an experienced DUI attorney could be critical in getting the best possible outcome for your case.

If you are accepted into the 18th Judicial Circuit misdemeanor pretrial diversion program, you will sign a contract with the state, which waives your right to a speedy trial. Signing the contract also means you agree to comply with the program requirements and perform specific sanctions.

Participants typically are supervised for six to 12 months under the program, depending on the severity of the offense. The program requirements include payment of all applicable program fees and costs of prosecution.

Payment of program fees could include:

$360 for a program six months or less
$560 for a nine-month program
$720 for a twelve-month program
$50 payment for prosecution fee

Because the pretrial diversion program is a voluntary program, it is funded entirely through fees paid by participants. Therefore, there is no possible reduction of the fees or a waiver. The fees will be mandatory if you choose to participate and are accepted in the program.

Program Sanctions for DUI Diversion

Additional sanctions appropriate to each offense could apply. The sanctions could be ways to address the needs of the individual participant. For example, if you are in the program for a misdemeanor DUI, you could be required to attend an alcoholics anonymous meeting.

Other sanctions could include:

Regular contact with a criminal justice officer, at least monthly
A minimum of 32 community service hours at an approved agency, with the insurance fee paid by the program participant
Psychological or psychiatric evaluation and any treatment recommended, at program participant’s own expense
Alcohol and/or substance abuse evaluation and any treatment recommended, at the participant’s own expense
Random drug and alcohol testing, at the participant’s own expense
Educational classes, such as life skills courses

In return for a successful completion of the program and all of its associated sanctions, the state would agree to drop the charges in that specific case against the participant. This would allow the participant to avoid a conviction and a criminal record.

Finding a Brevard County DUI Diversion Lawyer

If you are a first-time offender charged with a misdemeanor DUI, there may be an alternative to jail time. A Melbourne DUI diversion attorney at Law Offices of Bryan J. McCarthy can help you find an alternate way to deal with your charges. Call (321) 248-7742 to discuss your case and schedule a free consultation.

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"I am genuinely grateful that I was represented by Mr. McCarthy and the Law Offices Bryan J. McCarthy."
Mr. McCarthy and Ms. Harris were as professional, responsive and informative as I could have hoped for throughout this entire process. I was treated with respect and transparency from the front desk through the closing of my case, and left each interaction feeling more relieved and confident than before. Most importantly, Mr. McCarthy delivered on what he promised me at our initial consultation. For all the above reasons, I am genuinely grateful that I was represented by Mr. McCarthy and the Law Offices Bryan J. McCarthy.

B.J.
"When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. "
I had never previously been in an ounce of trouble; not even a detention in high school. When I learned that I had been charged with a felony punishable by a maximum sentence of five years of imprisonment, my life flashed before my eyes. I as stunned and shell-shocked by the experience. When I was contemplating my options on a public defender or a lawyer, my friend, who had been in trouble recently, recommended “The Savior” (at least that’s what I call him now!) Mr. McCarthy! This man knows what he’s doing! When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. Bryan knows the law inside and out to the point where once you leave the office, you’ll be gaping with eyebrows raised and say to yourself, “Wow … I’m impressed.” Needless to say, I felt ten times more comfortable coming out of that office than I did going in. When consulting with him, he utilized the perfect blend of realism and reassurance to let me know of my potential outcomes while simultaneously restoring my peace of mind. I felt that I could live worry-free after hiring him. Oh, and guess what?! After his dedication to my case, I learned about a month later that the charges were COMPLETELY DROPPED! You read that right! COMPLETELY DROPPED! I was so thankful that I looked up into the sky and shed tears with my mom’s arms wrapped around me, and it was all because of Mr. McCarthy. This man made the continuance of my dream to pursue teaching possible! Whatever you are looking for in a lawyer, I guarantee you!! Mr. McCarthy is the man! He is “The Savior!”

S.M.
"He’s very in tune to your case and will treat it with due respect."
Bryan is a great lawyer, very professional. He’s very in tune to your case and will treat it with due respect.

D.H.

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