Understanding Pretrial Diversion for Theft Charges

Pretrial diversion may let a theft charge end without a conviction, but only if the agreed terms are met and the required approvals are given. This page explains how Miami-Dade pretrial diversion theft matters generally work, in plain English. Whether diversion fits a specific case depends on the facts, the exact charge, and the people who must approve it. This is general information, not advice about your case.

What the Miami-Dade Pretrial Diversion Program Is

Pretrial intervention, also called pretrial diversion, is a program for people charged with a crime before a trial happens. The statute says the Department supervises these programs for persons charged with a crime, before or after an information is filed or an indictment is returned in circuit court. Programs may provide counseling, education, supervision, and medical or psychological treatment when that is available and appropriate.

Diversion is not a right you can demand. Entry depends on approvals and on the facts of your case. It also works differently from the other paths a case can take. A plea means the defendant enters a guilty or no contest plea. A trial means a judge or jury decides the case. A dismissal ends the charge. Diversion’s result depends on the written agreement and on whether its terms are completed.

Program details can change. Confirm the current rules with the court or the State Attorney’s materials for your case before you rely on them.

Who May Be Considered for Diversion

A first offender charged with a misdemeanor or a third-degree felony may be eligible, but eligibility is not the same as admission. The statute covers a first offender, or a person with no more than one prior nonviolent misdemeanor. Release needs approval from the program administrator. It also needs consent from the victim, the state attorney, and the judge who presided at the initial appearance.

The defendant or the defendant’s immediate family may not personally contact the victim to get that consent. The statute also lets a court, in its discretion, deny admission in some cases tied to prior felony convictions. Read the full statute text before relying on that point.

A petit theft charge is a misdemeanor, so that felony rule does not describe it. Prior theft or other criminal history can affect eligibility. Do not assume the answer either way. A general summary like this cannot replace a review of your actual charging documents.

How the Process Generally Works, From Charge to Completion

In general, a diversion case moves from a charge, to a proposed agreement, to supervision, and then to completion or failure. Each step depends on the case. Timing can vary, so do not assume a set schedule.

The statute says a defendant may not be released to pretrial intervention unless, after talking with an attorney, the defendant voluntarily agrees to the program. The defendant must also knowingly and intelligently waive the right to a speedy trial for the diversion period. Read that waiver closely before you agree to anything.

Check every deadline in the paperwork right away. If terms are not completed, the case may return to the regular criminal process. What happens next depends on the agreement, the facts, and applicable law.

Conditions a Diversion Agreement May Include

A diversion agreement may include counseling, education, supervision, or treatment, depending on the case. The statute lists these kinds of services as possible parts of a program.

Restitution is another possible term. Under Fla. Stat. § 775.089, restitution covers damage or loss caused directly or indirectly by the offense. How the value is determined may depend on the facts of the case and applicable law. If restitution is part of a plea agreement, the statute says that order is binding, and the agreement must say so.

Read your own agreement line by line. Missing a condition can have consequences, but those depend on the agreement, the facts, and applicable law.

Does a Diversion Program Go on Your Record?

Whether a diversion case shows up on your record depends on the outcome, the written terms, and Florida law. A completed diversion does not automatically qualify or disqualify anyone from sealing or expunction.

Under Fla. Stat. § 943.0585, a person may petition to expunge when no charging document was filed. A person may also petition when a filed charge was dismissed or nolle prossed, or ended in acquittal or a not guilty verdict. Other statutory requirements still apply. Fla. R. Crim. P. 3.692 requires a written petition, a valid certificate of eligibility from FDLE, and a sworn statement. The court may deny the request at its sole discretion.

Sealing is also not a right. Under Fla. Stat. § 943.059, any sealing request may be denied at the court’s sole discretion. Sealing or expunging a record may be possible in some situations, with exclusions, depending on the facts and applicable law. Check whether any exclusion applies to you.

The expunction language in § 948.08 applies only to certain treatment-based drug court and veterans’ programs. Do not assume it covers every diversion case. Ask for the exact record language in any written agreement before you sign.

Fla. Stat. § 775.08435 limits when a court may withhold adjudication for certain felonies.

Employee Theft and Diversion Questions

Employee theft cases can raise different issues than a store theft, depending on the facts and the charge. Florida defines “obtains or uses” broadly. Under Fla. Stat. § 812.012, it includes conduct previously known as embezzlement, misapplication, misappropriation, or conversion. Whether any conduct fits a charge depends on the facts.

The same statute allows amounts from separate property taken in one scheme to be combined when grading the offense. Whether that applies depends on the facts alleged. A civil demand from an employer is a separate process from the criminal case. Restitution does not bar a later civil remedy, but the restitution amount is set off against any later civil recovery, under § 775.089.

Think carefully before you talk about the allegation with an employer or investigator. Those statements may affect the criminal case. Whether diversion is available in an employee theft matter depends on the facts, the charge, and the state attorney’s review. If the facts involve embezzlement or workplace funds, white collar crime defense may be relevant. That is a separate practice area, and its fit depends on the facts.

Frequently Asked Questions About Theft Charges and Diversion

Checking Your Own Paperwork Before You Decide Anything

Before you decide anything, gather every document about the charge and read each one. That includes the arrest report or notice of charges, your court dates, any written offer or agreement, and any letters from an employer or complainant.

Confirm each deadline, condition, and payment amount with the court or the State Attorney’s office. Do not rely on memory or on what someone told you informally.

Under Fla. R. Crim. P. 3.171, defense counsel must advise a defendant of all plea offers and the likely results of each. Counsel may not conclude a plea agreement without the client’s full and complete consent. Do not sign or make statements about the case until you understand the paperwork. One decision can affect the rest of the case.

Talking Through Your Theft Case With Patrick David Wilson

If a theft charge has landed on you or someone close to you, it can be hard to know what to do first. Patrick David Wilson focuses on criminal defense, including first-time offender defense and sealing and expunction. He represents clients across South Florida, including Miami-Dade, Broward County, and the Florida Keys. Results depend on the facts and applicable law.

A free, confidential first consultation is available, with no obligation to continue. Call 786-761-1719, or leave a message through the contact page.

Patrick Wilson Law, PLLC, Miami, Florida.