If your co defendant got a letter in the mail saying that the state says there is no evidence do i become non guilty too ?

Asked over 1 year ago - Pompano Beach, FL

I signed up for the IDDS Diversion program but the co defendant told me how they said that there was no proof so what happens ?

Attorney answers (3)

  1. Adam Lloyd Pollack

    Contributor Level 13

    15

    Lawyers agree

    Answered . Depending on the type of case, you may in fact have a situation where there is a lack of evidence in your case. On the other hand, there may be sufficient evidence against you, but not the co-defendant. You should consult with an attorney who can review the case and can help you make a more informed decision.

  2. Jeremy Clark

    Contributor Level 6

    8

    Lawyers agree

    Answered . It sounds like you and your co-defendant took different paths in this case. You took a diversion program, and your co-defendant likely did not. It sounds like the co-defendant got notice the state is dropping his or her case.

    The state will likely not drop your case if you are in the middle of a diversion program. But keep in mind that the end result will likely be the same (at least if you were in Pinellas county). Both cases will be dismissed, with your case being dismissed through the diversion program, and the codefendant's case being dismissed without the diversion program. This doesnt mean that the state had the same evidence against you and your co defendant.

    You need to talk to a criminal defense attorney about what to do next. It may be best to continue with your diversion program if the state will dismiss the charge if you complete it. Otherwise, if you begin challenging the case, a lawyer will need to help you analyze the case to see if the evidence against the codefendant is the same against you. If so, you may have a shot at a dismissal without going through the diversion program. If not, you may have to fight out the case at trial and risk jail, which in the grand scheme of things, may not be smart if the diversion program is still an option for you. Call me with more questions. My number is 727-504-3020.

  3. Grant Ian Schwarz

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . IDDS is a diversion program for juvenile defendants. You were likely offered this as a result of your lack of criminal history. The program gives you the opportunity to complete some court ordered requirements in exchange for a dismissal of your charges if you complete everything within the allotted time. You usually only get one chance for this guaranteed dismissal of your case if you complete everything successfully.

    You can always choose to drop out of the program and fight the case in court with the help of an experienced attorney. However this may not be the best course of action. Call 1-800-468-8425 for a free consultation.

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