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The state attorney made an offer to me for the diversion program.

The state attorney made an offer for the diversion program for me how long does that offer stay on the table if I decide I want to take it to trial or hope for less offer.

Criminal defense Criminal sentencing Probation for criminal conviction Filing a lawsuit
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Asked in Saint Petersburg, FL | Jan 25, 2018 | 4 answers
Answer
James Howard Babkes
James Howard Babkes
Criminal Defense Attorney in Plantation, FL
5 stars
8 reviews
Rating: 7.6
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View Phone Number (954) 452-8630
View Number (954) 452-8630
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Posted on Jan 25, 2018

Diversion is a guaranteed dismissal. Anything can happen at trial and trials are very expensive. Offer lasts until your next court date.

Wishing you good luck

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Answer
Maj Vasigh
Maj Vasigh
Mediation Attorney in Tampa, FL
5 stars
97 reviews
Rating: 10
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View Phone Number (813) 800-1111
View Number (813) 800-1111
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Posted on Jan 25, 2018

If you're being charged in Pinellas County, then diversion is generally a good outcome. They have the right to revoke it whenever they want until it's accepted. So the best thing to do is to discuss it with your lawyer and ask your lawyer to reach out to the state to request to leave it open while you think about it. If you are truly 100% innocent, it is understandable that you wouldn't want to do diversion. However, in Pinellas County, PTI really is a gift sometimes that might be worth taking. Especially since the alternative is so high risk with the State-frienldy judges in that jurisdiction.
#defendtampa

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Derek M. Tyler

Derek M. Tyler

Criminal Defense Attorney in Fort Myers, FL
Posted on Jan 25, 2018

Agree.

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Answer
Reid M. Hart
Reid M. Hart
Criminal Defense Attorney in Jacksonville, FL
5 stars
6 reviews
Rating: 10
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View Phone Number (904) 299-7171
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Posted on Jan 25, 2018

An offer for Diversion only stays open long enough for you to determine whether you are going to accept it or reject it. They will typically provide an additional court date for you to consider Diversion, at which point you will have to advise the court whether you are going to accept it or fight the charge(s) against you. As far as a potential lesser offer, there really isn't one, as Diversion results in a full dismissal of the charge(s) against you upon successful completion of its terms. The only "offer" better than that is an outright dismissal of the charge(s) without you having to do anything, which is rare after a Diversion rejection. I would HIGHLY recommend you speak with a local Criminal Defense attorney in your area to discuss the current Diversion offer, the facts of your case, the charge(s) against you, and how the case may proceed if you decide to reject the offer. Once you turn down Diversion, it is not typically offered again, which means the case would have to be resolved through either a plea agreement (that may include a term of probation which is worse and more expensive than Diversion), or taken to trial. You would be best served to speak with an experienced attorney in your area before making this decision.

Hope this helps, best of luck.

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Helpful (0) Helpful (0) Comment (1) 4 lawyers agree
Derek M. Tyler

Derek M. Tyler

Criminal Defense Attorney in Fort Myers, FL
Posted on Jan 25, 2018

Agree.

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Answer
Brian Malcom Keith
Brian Malcom Keith
Personal Injury Lawyer
5 stars
1 review
Rating: 1.0
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Posted on Jan 25, 2018

You are being offered Diversion, but you are thinking about going to trial.... really? The Diversion offer can be pulled at any time. But if you are ready to go to trial and have all the necessary resources lined up (money, money and more money) then talk to your attorney. More information is needed to evaluate this situation. You need to search AVVO and consult in person with an experienced and seasoned Criminal Defense lawyer in your area. A local Criminal Defense attorney will be more familiar with the lay of the land and tendencies of local Courts and Judges. An experienced local Criminal Defense attorney can evaluate what evidence, statements or identifications are likely to be admitted at a preliminary hearing or trial. They can also provide an assessment of the consequences and potential fines or sentencing guidelines the crime involved.

First, you may qualify to have a private attorney appointed by the Court to represent you. Second, you may be able to obtain some assistance from the Public Defender’s office. But for best results, hire a private experienced AVVO Criminal Defense attorney.

This is not legal advice! You need to search AVVO and speak to a Criminal Defense attorney who is licensed in your state for legal advice. I strongly recommend you make an appointment with a competent and experienced Criminal Defense attorney in your area, who can take time to carefully evaluate and explain all options available. This is merely suggestions for you to think about in discussing your situation with the local attorney. To locate an AVVO Criminal Defense Attorney go to https://www.avvo.com/legal-guides/ugc/how-to-hire-a-criminal-attorney.

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Posted on Jan 25, 2018

Thank you again for writing back my thought is if I'm going to spend the money on the diversion program in the victim drop the charges she doesn't want anything to do with it why not go to trial and see if they can offer me a better deal as well I'm going to spend the money either way the diversion program cost money so is it attorney

Derek M. Tyler

Derek M. Tyler

Criminal Defense Attorney in Fort Myers, FL
Posted on Jan 25, 2018

I agree with Mr. Keith.

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