What does Pre-trial Diversion mean and can the person leave the state?
There was another charge of DUI alcohol or drugs that was trasnferred to another court and was adjud guilty and placed on probation.
Can someone leave the state of Florida under these circumstances?
3 attorney answers
Under Florida law, a person charged with a crime involving the purchase or possession of drugs may be eligible for a pretrial diversion program. The successful completion of the program can lead to charges being dropped. You can normally transfer the conditions of a pre-trial diversion program to another State. Just verify that with your Judge and your program representative.
You should be able to leave the state while on misdemeanor probation as long as you have permission from your probation officer. You were put on misdemeanor probation when you were adjudicated guilty for DUI. If you plan on moving to another state, as opposed to just leaving for a short time, then you can get the judge to allow you to report by mail while on misdemeanor probation.
You also need permission to leave the state from the felony probation officer who will be supervising your pre-trial diversion for the felony possession of a controlled substance without prescription charge. If you have not already been placed into the diversion program try and get permission to travel out of the state before you sign the diversion contract. This should make it easier. If you plan on moving out of state permanently, you definitely need to discuss this with your attorney because some jurisdictions do not have diversion programs. If this is the case, you might need to postpone your move until you finish the diversion program. However, as explained by the previous answer, it might be best to finish the diversion and wait to move because the felony charge will be administratively dismissed after you complete the program.
Pre-Trial Diversion is a program generally open to people who do not have a prior criminal record. If an accused person enters the program, they sign a contract with the prosector and are essentially placed on probation for a specific period of time, usually three months on misdemeanors or up to 18 months on felonies. While in the program, they must complete certain conditions, such as community service, drug counseling if appropriate, and pay certain fees. There can be other conditions of the program depending on the charge. The advantage to to the program is that if they successfully complete it, their charges are dropped. The disadvantage to the program is that sometimes people who are not guilty of the charge see it as the easiest way to get the charges dropped without having to defend themselves. Another disadvantage is that a person is only eligble for the program one time. If a person "fails" the program, they go back to court and face the charges again. A person in a pre-trial diversion program should be able to leave the state but if they are on pre-trial diversion for a felony charge they need to get approval from the supervisor of the program before traveling.