Drug Charges

What is a pretrial diversion program for drug charges?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
An agreement with the State to complete conditions in exchange for dismissal, generally available to people without significant prior records.

Diversion suspends prosecution while the person completes agreed conditions — commonly a substance abuse evaluation and any recommended treatment, community service, drug testing, fees, and a period without new arrests.

On successful completion, charges are dismissed. That's a dismissal rather than a conviction, which matters enormously for what can be sealed or expunged afterward.

Eligibility is generally limited to people without significant prior records and to less serious charges. The State Attorney's office controls admission in most programs, which means the request goes to the prosecutor rather than to the court.

Two things worth knowing. Entry often requires admissions or waivers that carry consequences if the program isn't completed. And terms are negotiable more often than people assume — what gets offered first isn't always the final shape.

Read what you're signing before you enter. The exit terms matter as much as the entry. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.