jail diversion program

Jail Diversion Program

Serving time in jail after a Criminal Conviction can be devastating for a family.  The Law Offices of Powers Sellers & Finkelstein, PLC strive to keep our clients out of jail.  Our experienced Attorneys are well versed in Florida’s Jail Diversion Program and will investigate all alternative sentencing options.  Call (727) 531-2926 or 1-855-PSF-Firm to discover your alternative sentencing options today.

Powers Sellers & Finkelstein can help with Jail Diversion Program including:

  • Drug and Alcohol Rehabilitation – The jail attorneys at the Law Offices of Powers Sellers & Finkelstein, PLC are very familiar with the programs that are available to individuals with addiction problems.  There are numerous public and private facilities that are available.  Having a solid treatment plan in place before you appear in front of a judge can make a huge difference.  Whether you are in need of out-patient or in-patient drug or alcohol treatment, we can help.
  • Electronic Monitoring – The electronic monitoring program is typically offered to low-risk criminal offenders.  An electronic monitor is placed on the individual’s ankle so that he or she can be tracked in the community.  Instead of serving a straight jail sentence, you may be allowed to wear a monitor so that you can work or go to school.  The program has reduced the jail population and saved the county money by placing low risk offenders back into the community to become productive members of society.
  • House Arrest or Community Control – House arrest may be an option in lieu of jail.  If you are placed on house arrest (or community control) you will be allowed to live at home, travel to and from work or school and report to a community control officer.  The program is similar to probation, less restrictive than jail, but more restrictive than standard probation.
  • Mental Health Diversion – The number of mentally ill individuals who are processed through the criminal justice system is astounding.  Our jail attorneys have a great amount of experience in working with individuals who suffer from mental illnesses.  Through medication management and proper treatment, mental illnesses can be treated.  If you are facing jail time and suffer from a mental illness, there are programs available to you that may be explored as alternatives to jail time.

Eligible for Jail Diversion?

Every Jail Diversion Case is unique.  Every individual is unique.  The Law in Florida takes in consideration multiple facets when offering Jail Diversion Program to you including your charges, your Criminal History and the programs available.  Powers Sellers & Finkelstein will thoroughly evaluate your case and utilize all resources available to us (including hiring experts) to strive for an alternative to jail for you or your family member.

Jail Diversion FAQs

Can I Afford Jail Diversion Program?

Each program will have different costs.  You may pay more depending on the type of charge and the recommended program for that charge.  If you are accepted into one of the alternative sentencing or jail diversion programs, you can expect to pay fines, fees and costs.  If you owe restitution to a victim, you can expect to have to pay restitution as part of your program as well. Getting arrested is not cheap, but the benefits of entering into a program will far outweigh the costs you will pay to do so.

I was Arrested in Another State; Will this Affect my Ability to Get into the Program?

The previous arrest(s) will be taken into consideration when you apply for an alternative program.  Most programs require little or no prior record for eligibility to participate.


Can I Complete a Diversion Program for my DUI?

Some Florida jurisdictions do have diversion programs for first time DUI’s.  Pinellas and Hillsborough counties do not currently have the DUI diversion program option.  Depending on the facts surrounding your arrest, your prior criminal record and the county you were arrested in, your attorney may be able to make the case for a lesser offense.  Negotiating something less than a DUI conviction is extremely important as a lesser disposition can save you time and money as well as avoid increased insurance rates.

What is the Difference between a Pre-Trial Jail Diversion Program and a Post-Conviction One?

Pre-trial diversion is usually offered to non-violent, first time offenders or offenders with minimal records.  Upon successful completion of the program, the charges may be dismissed.  Post-conviction alternatives are usually under the supervision of the Department of Corrections. If you are looking at a conviction and some form of jail, the State of Florida has alternatives to straight jail/prison time. These alternatives may include some form of work release, community control, house arrest, electronic monitoring or probation.

Can I complete the Program in Another State if I was Arrested in Florida?

Typically, no.  Most programs require supervision in the county you were arrested.  If you are not from Florida and plan to go back to your home state, call our office and we can discuss more options for you akin to diversion such as pre-trial mitigation.


Will I be Drug Tested While in the Program?

Most likely, you will have to submit to random drug screening. You are more likely to be required to submit to random drug tests if your charge is drug related.


What if I am Arrested While in a Jail Diversion Program?

You should contact our Firm immediately.  If the new arrest is relatively minor, your attorney may be able to convince the state attorney’s office or program director to allow you to continue in the program.  However, most programs do require as part of the agreement that you do not commit new law violations.

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Legal Disclaimer:

Hiring a Criminal Defense Attorney in Clearwater or the surrounding areas of Tampa Bay is an important decision that should not be based solely upon lawyer advertisements or internet marketing. The information contained in this internet website should not be construed to be formal legal advice or the formation of an attorney/client relationship. You should speak with an attorney directly about the facts of your case. Contact our office to request additional information about our attorneys today.

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