Does the Pretrial Intervention program in Tampa for a drug related misdemeanor restrict you from moving outside the state?

Asked over 4 years ago - Tampa, FL

My boyfriend currently has a misdemeanor for possession of Marijuana under 20 grams. He accepted the pretrial intervention but they have not gotten back to him after 1 month and we are technically homeless now but soon enough we won't have anywhere to stay so no mailing address. We are considering leaving with a friend on a 6 month hiking trip to sort things out on how we will live since work is scarce and underpaying and it will be impossible for us to find any sort of housing. Currently living in Broward county. What to do?

Attorney answers (3)

  1. Jennifer Ann Jacobs

    Contributor Level 16

    Answered . Pretrial Diversion does not restrict you from leaving the state. However, in order to complete the program your boyfriend will have to complete community service hours and meet with a probation officer which will likely be impossible while on a 6 month hiking trip. If your boyfriend has an attorney, he should call them and let them know the situation he is in. If he does not complete the diversion program his case will be returned to a trial docket. It may be in his best interest to resolve the case through a plea so that he will be able to move without having any probation or diversion over his head.

    If your boyfriend does not have an attorney, please feel free to give me a call and we can discuss his options.

  2. John Patrick Guidry II

    Contributor Level 15

    Answered . The diversion program here in Orlando allows for out-of-state supervision and completion of similar programs in the destination state, but all of this must be worked out with your local attorney before such a move can be made. Your attorney should contact the diversion program in an attempt to facilitate this delay or move, if you don't have an attorney you'll need to spend SEVERAL hours on the phone trying to reach the "right person" to contact regarding your situation (I suggest you not go hiking!..Don't mess up this diversion program, it's a very good thing....)

    Good Luck,

  3. Adam Leo Bantner II

    Contributor Level 13

    Answered . Contact the diversion program. The one in Tampa is run by the Salvation Army. I would not leave on a hiking trip until diversion is completed. Diversion keeps the conviction off of his record and also allows him to keep his driver's license. A marijuana conviction, if he is adjudicated guilty, results in a 2-year DL suspension. If you are leaving the jurisdiction for work, travel or simply moving, contact that jurisdiction to see if they have a similar diversion program and ask permission from Salvation Army or State Attorney's Office to complete the non-local program.

    Obviously, call your attorney to facilitate this or contact one immediately to help you out. Good luck.

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