Diversion Programs in Broward and Palm Beach Counties

Felony diversion programs in Palm Beach County, Florida, provide an alternative to traditional criminal prosecution for eligible offenders. These programs are designed to divert individuals away from the criminal justice system and toward rehabilitation, reducing recidivism and offering a second chance to non-violent offenders. Here are the key aspects of felony diversion in Palm Beach County:

Eligibility Criteria

To be eligible for a felony diversion program in Palm Beach County, individuals typically need to meet certain criteria, which may include:

1. Non-Violent Offenses:
   • The offense must generally be non-violent. Common eligible offenses include drug possession, theft, and other non-violent felonies.
2. Violent Offenses:
   • Although not the norm, some violent offenses will be admitted into diversion.
3. First-Time Offenders:
   • Preference is often given to first-time offenders or those with minimal prior criminal history.
4. Willingness to Participate:
   • The defendant must be willing to participate in the program and comply with its requirements.
5. Approval from the State Attorney and Victim:
   • The State Attorney’s Office must approve the defendant’s participation in the program.
   • The alleged victim is required to agree.
6. Third Degree Felonies Only:
   • Generally, felony diversion is for third degree felonies only, however, Attorney Roger P. Foley has been successful in having initially charged second and even first-degree felonies reduced to a third degree and then enter his clients into diversion. Each case is different and fact dependent so discuss options with your Palm Beach Criminal Defense Lawyer.

Program Components

Felony diversion programs in Palm Beach County may include various components aimed at rehabilitation and accountability:

1. Supervision:
   • Participants are usually placed under the supervision of a diversion program officer who monitors compliance.
2. Substance Abuse Treatment:
   • For drug-related offenses, participants may be required to undergo substance abuse treatment, including counseling and drug testing.
3. Education and Employment:
   • Programs may include educational components such as GED classes or vocational training to improve employment prospects.
4. Community Service:
   • Participants might be required to perform community service as part of their rehabilitation.
5. Restitution:
   • If applicable, participants may need to pay restitution to victims.
6. Regular Reporting:
   • Regular check-ins with a program officer or case manager are typically required.
7. Financial Component:
   • There is always a money component. You will pay the government to supervise you and if restitution is required, you will pay the victim back.

Benefits of Felony Diversion

The benefits of participating in a felony diversion program include:

1. Avoiding a Felony Conviction:
   • Successful completion of the program can result in the dismissal of charges.
2. Rehabilitation Focus:
   • The program emphasizes rehabilitation over punishment, helping participants address underlying issues such as substance abuse or lack of education.
3. Reduced Recidivism:
   • By addressing the root causes of criminal behavior, diversion programs aim to reduce the likelihood of reoffending.
4. Second Chance:
   • Participants get a second chance to reintegrate into society without the stigma of a felony conviction.

Application Process

To apply for a felony diversion program in Palm Beach County:

1. Consult with an Palm Beach County Attorney:
   • Defendants should consult with their attorney to determine eligibility and navigate the application process.
2. Submit an Application:
   • An application is typically submitted to the State Attorney’s Office for review. Palm Beach County differs from Broward County in that Broward has a formal application process, in Palm Beach, the request is made through your criminal defense lawyer to the assigned assistant State Attorney.
3. Interview and Assessment:
   • The assessment for eligibility is determined by the assigned assistant state attorney, however, at the first meeting with felony diversion they will interview the defendant and confirm eligibility.
4. Agreement to Participate:
   • If accepted, the defendant must agree to the terms and conditions of the program, which will be outlined in a formal agreement.
5. The Law Office of Roger P. Foley has successfully assisted many clients enter diversion in Palm Beach and throughout the State of Florida.

Outcome of Successful Completion

If a participant successfully completes the program:

1. Dismissal of Charges:
   • The felony charges may be dismissed if the defendant successfully completes the program.
2. Record Expungement:
   • In some cases, participants may be eligible to have their records expunged.

Consequences of Non-Compliance

Failure to comply with program requirements, including any new arrest, can result in:

1. Reinstatement of Charges:
   • The original felony charges may be reinstated, and the defendant will face prosecution. Meaning you start all over with your attorney and the criminal justice system.
2. Potential Conviction:
   • The defendant may be convicted of the original charges and subject to the penalties associated with a felony conviction.
   • The defendant may receive a withhold of adjudication and/or probation.

Conclusion

Felony diversion programs in Palm Beach County offer a valuable opportunity for eligible offenders to avoid the traditional criminal justice process and work toward rehabilitation. By understanding the eligibility criteria, program components, and potential outcomes, defendants can make informed decisions about their participation and take proactive steps toward a better future.

If arrested for any felony criminal charge in Palm Beach or any county in Florida, Call Me, Roger P. Foley.

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