Home/ Miami-Dade Diversion Programs

Diversion and Treatment Courts Guide

How Do Diversion Programs Work in
Miami-Dade County?

A diversion program can end a criminal case without a conviction when the person completes its conditions. This guide covers the Miami-Dade programs, who qualifies, what each one requires, and what to ask before you agree.

Last reviewed: October 2026

Call (305) 774-7000 Request Consultation

★★★★★4.8 / 5.0

100+ Verified Client Reviews

Featured on Google · Avvo · LinkedIn

37+

Years of Practice

Florida Bar member since 1989

1989

Florida Bar Licensed

University of Miami School of Law

State & Federal

Court Admission

SDFL (1991), MDFL (2001)

Boutique

Practice Model

Direct attorney involvement

The Short Answer

Diversion Can End a Case Without a Conviction

A diversion program pauses the prosecution while the person completes conditions such as classes, supervision, or treatment. When the person completes the program, the charges can be dismissed.

The State Attorney's Office has a say in who enters. Some programs also need the consent of the victim or a judge. Terms vary by program, and some programs ask for a plea or a signed admission. Read the written terms with your lawyer before you agree.

Non-citizens face an added risk. A program that requires a plea or an admission can count as a conviction under federal immigration law, even when the charge is dismissed later. Read our immigration guide and have an immigration attorney review the terms first. This guide is general information, not legal advice about your case.

Do This First

What to Do Before You Say Yes

Ask early, whether the charge is yours or a family member's, because screening for some programs starts soon after booking.

Your Diversion Checklist

In this order

Ask which programs fit your charge and your record before you answer any plea offer.

Tell your lawyer your full record, including any earlier arrest, withhold, or program, anywhere
Ask the State Attorney's Office, through your lawyer, for the written terms. Look for the conditions, the length, the cost, and any plea or admission
Have an immigration attorney review those terms if you are a non-citizen
Keep every court date and deadline while the request is pending

See where diversion fits on our Criminal Case Timeline. If an open warrant is possible, check first with our Warrant Search guide. If the person is still in custody, our Jail Guide and Bail and Bond Guide explain release.

At a Glance

Which Program Fits Which Situation

Eligibility depends on the full facts, so treat this as a starting point.

First-time DUIBack on TrackAlso called BOT. Prosecutors decide eligibility

Drug charge and a substance abuse problemAdult Drug CourtThe circuit says at least 12 months of treatment

Veteran or servicememberVeterans CourtThe circuit says at least 14 months of monitoring

Serious mental illnessMental Health CourtMisdemeanor and felony programs

First offense, misdemeanor or third-degree felonyPretrial InterventionAlso called PTI or PTD

Misdemeanor with a drug, veteran, or mental health needMisdemeanor Treatment TracksFlorida law, section 948.16. Ask whether a track fits

The Programs

Miami-Dade Options for Adults

Juvenile cases have their own programs, which our Juvenile Defense page covers.

Pretrial Intervention and Misdemeanor Diversion

Also called PTI or PTD. Offered by the State Attorney's Office and supervised by a provider such as the Advocate Program or Court Options

The State Attorney's Office calls it an alternative to prosecution for offenders with nonviolent priors.

Florida law covers a first offender, or a person with one prior nonviolent misdemeanor. The charge must be a misdemeanor or a third-degree felony
Entry needs the program administrator's approval and the consent of the victim, the State Attorney, and the judge from the first appearance hearing
Under Florida law, entry is voluntary, and the person waives the right to a speedy trial for the diversion period after talking with a lawyer
The State Attorney's Office says it will drop the charges if the person completes every condition and stays arrest-free during the program

Read the State Attorney's page on diversion programs.

Back on Track, for First-Time DUI

Also called BOT. A State Attorney program for DUI arrests in Miami-Dade

Prosecutors decide whether a first-time DUI defendant is eligible.

The State Attorney says completing the program gives the person a chance at a withhold of adjudication on a reduced charge of reckless driving
The State Attorney says eligibility rests on the criminal history, the driving history, and the circumstances of the arrest
The Advocate Program says the program has two tiers. Tier 1 covers a breath or blood alcohol level under .15. Tier 2 covers a test refusal or a level of .15 or higher
Under Florida law as amended in 2025, a first refusal of a breath or urine test is also a second-degree misdemeanor, apart from the DUI. Ask whether the program resolves a refusal charge
Florida law bars a court from withholding adjudication for a DUI offense, and the program works through the reduced charge
Published lawyer guides describe conditions such as DUI school, a substance abuse evaluation, community service, a victim impact class, and an ignition interlock device. They put the cost above a thousand dollars
Some older lawyer guides say participants sign an admission of guilt. These terms come from lawyer guides, not the State Attorney, so ask for the program's written terms

See our DUI and Traffic Defense page, the Advocate Program page, Florida Statutes § 316.656, and Florida Statutes § 316.1939.

Adult Drug Court

Eleventh Judicial Circuit, at the Gerstein Justice Building

The circuit calls it a voluntary diversion and treatment program that has run since 1989.

Florida law requires a nonviolent felony charge and an identified substance abuse problem. The person must also be open to treatment and have two or fewer prior nonviolent felony convictions
The circuit says a defendant must generally be charged with possessing or purchasing drugs. The State Attorney must agree to divert the case
Florida law also covers a person charged with a misdemeanor who has an identified substance abuse problem and no earlier felony conviction, under section 948.16. Ask whether a misdemeanor track fits
The circuit says defendants are screened at the Pretrial Detention Center after booking, and participants sign an agreement to take part
The circuit says the program lasts at least 12 months, with regular drug tests and frequent court reviews. The current Florida statute leaves the length to the court, based on the defendant's clinical needs
The State Attorney's Office also describes an additional diversionary treatment track for drug offenders who are low risk for re-offending and are referred for services
The circuit says completers have no conviction. First-time offenders have the case dropped, and the records can be sealed or expunged. Other offenders may see a dismissal or a withhold of adjudication
Florida law refers to a plea of nolo contendere that can be expunged after dismissal, so ask whether the agreement includes a plea

The Drug Court Coordinator is at the Richard E. Gerstein Justice Building, Room 103, 1351 NW 12th Street, Miami, (305) 548-5135. Read the circuit's Adult Drug Court page and its Drug Court FAQ. See our Drug Charges page.

Veterans Treatment Court

Eleventh Judicial Circuit

The circuit calls it a pre-adjudicatory, pre-trial, voluntary program that opened in January 2017.

The State Attorney says it serves veterans with addiction, severe mental illness, or both who are charged with nonviolent and lower level felonies. Participants are tested regularly and at random
Florida law covers a veteran or servicemember charged with a felony other than those listed in section 948.06(8)(c), and also covers veterans charged with misdemeanors under section 948.16
The circuit says the court monitors participants for at least 14 months, in two tracks and five phases
The State Attorney says participants must abstain from drugs and alcohol for a set number of consecutive days. They must also attend every treatment and court session and follow their treatment plans
Florida law requires the court to dismiss the charges when it finds the person completed the pretrial program, and the arrest record may then qualify for expunction
The State Attorney says completion may result in a reduction or dismissal, or a more favorable sentence, depending on the participant's contract. First-time offenders may have the case dropped, and other offenders may see a withhold of adjudication

The Veterans Treatment Court Office is at the Richard E. Gerstein Justice Building, Room 421, (305) 548-5296. Read the circuit's Veterans Treatment Court page and the State Attorney's Veterans Treatment Court page.

Mental Health Treatment Courts and Jail Diversion

The Criminal Mental Health Project of the Eleventh Judicial Circuit

The State Attorney's Office calls the mental health court a voluntary alternative to the traditional court system.

The State Attorney says they serve nonviolent misdemeanor and felony defendants who have a serious mental illness, alone or with a substance use disorder. The goal is community-based treatment
The Criminal Mental Health Project says participants agree to treatment voluntarily
Florida law also covers a person charged with a misdemeanor who has an identified mental illness, under section 948.16
Florida law also allows some violent charges, such as aggravated assault, when the victim and the State Attorney consent
In the misdemeanor program, charges may be dismissed or modified based on treatment engagement. Florida law requires dismissal when a court finds a person completed a pretrial mental health program

Read the Criminal Mental Health Project overview.

Who Qualifies

What Decides Entry

The rules come from Florida Statute 948.08 and from each program's own screening.

The State Attorney Has a Say

Pretrial intervention needs the State Attorney's consent, and drug court needs the State Attorney's agreement to divert the case. The statute gives the State Attorney the final decision on whether a pretrial intervention prosecution continues.

Victims Have a Say

Pretrial intervention needs the victim's consent. Florida law bars the defendant and immediate family from contacting the victim to ask for it. Let your lawyer handle the request. Our Domestic Violence Criminal Defense page covers charges with a victim.

Prior Record Rules

Pretrial intervention covers a first offender or a person with one prior nonviolent misdemeanor. Felony drug court covers a person with two or fewer prior felony convictions, all nonviolent. The misdemeanor drug program covers a person with no earlier felony conviction.

Charge Level Counts

Pretrial intervention covers misdemeanors and third-degree felonies. The drug court and mental health programs cover nonviolent felonies. The veterans program covers felonies other than those listed in section 948.06(8)(c). Section 948.16 adds misdemeanor versions of the drug court, veterans, and mental health programs.

Violent Charges Face Limits

Drug court excludes a person who is also charged with a crime involving violence. The mental health program allows some violent charges when the State Attorney and, depending on the charge, the officer or the victim consent.

Treatment Needs Count

Drug court needs an identified substance abuse problem and a person amenable to treatment. The veterans program serves veterans whose substance use or mental illness contributed to the arrest. The mental health program needs an identified mental illness.

How It Works

From Screening to the Final Review

The steps come from the statute and from each program's agreement.

Screening and Agreement

The circuit screens drug court defendants right after booking. Entry is voluntary. In pretrial intervention, the person agrees after talking with a lawyer. The person also waives the right to a speedy trial for the diversion period.

Timing

Pretrial intervention can start before or after the formal charge is filed. The circuit says drug court screening starts after booking at the Pretrial Detention Center. Raise diversion early. The judge from the first appearance hearing must consent to pretrial intervention, and our First Appearance Hearings guide explains that hearing.

Conditions and Monitoring

Programs provide counseling, education, supervision, and treatment as available. Drug court participants receive a written coordinated strategy before they agree. It can include sanctions such as jail-based treatment or incarceration within the limits set for contempt of court.

Cost

The State Attorney's Office says conditions may include classes, community service hours, and fines. Felony diversion can require restitution. Ask for the full cost in writing before you agree.

Who Supervises

A provider such as the Advocate Program or Court Options monitors compliance for pretrial diversion and Back on Track. In drug court, a team led by the judge includes the defense and prosecution attorneys and treatment staff.

The Final Review

At the end, the court and the State Attorney weigh the program administrator's recommendation. A person who completes the program can have the charges dismissed. A person who falls short can be ordered to continue treatment or sent back to normal prosecution.

Before You Sign

What to Weigh Before You Agree

Each one deserves a look before you answer the offer.

Immigration

Federal immigration law can count a plea or a signed admission, plus a penalty, as a conviction, even when the charge is dismissed. Drug court deserves a question. Florida law refers to a plea of nolo contendere, and the circuit says some completers see a withhold of adjudication. Read our immigration guide.

Ask About a Withhold

Some outcomes end in a withhold of adjudication instead of a dismissal. Back on Track is one, and some drug court completers get one. Florida generally treats a withhold as no conviction, but federal immigration law can treat it as one. Ask which outcome the agreement states. See the Florida Bar Journal explanation.

Your Record

A dismissal can open the door to expunging the arrest record, with requirements. Back on Track ends in a withhold, so the record steps differ. Our Expungement and Record Sealing page explains the options.

What You Give Up

In pretrial intervention, the person waives the right to a speedy trial for the diversion period. The person also takes on conditions, and the prosecution can restart if the person stops meeting them.

Compare It With a Defense

A diversion offer is an option. A lawyer can compare it with contesting the charge or negotiating another resolution, based on the evidence and your record.

If You Fall Short

A person who fails or withdraws can be sent back to normal prosecution. The drug court tells participants that a person who refuses or withdraws goes to Criminal Court. A conviction there may involve jail time. The circuit says removal from the program is a last resort.

Common Mistakes

What to Avoid Doing

Each of these mistakes can close a door that was open.

Do not sign a program agreement before reading the written terms

The terms set the conditions, the length, the cost, and any plea or admission.

Do not contact the victim yourself to ask for consent

Florida law bars the defendant and the immediate family from contacting the victim for consent. Your lawyer can make the request.

Do not assume every charge qualifies

Eligibility depends on the charge, the record, and the State Attorney's decision. For a DUI, Back on Track is the diversion route, because Florida law bars a withhold of adjudication for a DUI offense.

Do not miss a court date or a program deadline

The State Attorney or the program administrator can restart the prosecution at any time if the person stops meeting the program's obligations.

Do not skip immigration advice if you are not a citizen

A program that asks for a plea or an admission can carry immigration consequences even when the charge ends in dismissal.

Quick Answers

Common Diversion Questions

How does pretrial diversion work in Miami-Dade?

Pretrial diversion is an alternative to prosecution. The State Attorney's Office says offenders enter voluntarily and complete conditions that may include classes, community service hours, and fines. The charges are dropped if they finish every condition and stay arrest-free. Florida law calls the statewide version pretrial intervention, and people also use the abbreviations PTI and PTD.

Does finishing a diversion program mean my charges are dismissed?

In most of the programs described here, yes. The State Attorney's Office says it will drop the charges when a person completes pretrial diversion. Florida law requires the court to dismiss the charges once it finds that the person completed a drug court, veterans, or mental health pretrial program. Back on Track works differently. A DUI defendant who completes it has a chance at a reduced charge of reckless driving with a withhold of adjudication. Other drug court participants can see a withhold of adjudication instead of a dismissal, so ask what outcome the agreement states.

Who decides whether I can enter a diversion program?

It depends on the program. Pretrial intervention needs the program administrator's approval and the consent of the victim, the State Attorney, and the judge from the first appearance hearing. Drug court needs the State Attorney's agreement to divert the case. The State Attorney's Office decides eligibility for Back on Track.

Can I get diversion for a first DUI in Miami-Dade?

Possibly. Back on Track is the State Attorney's DUI diversion program. Prosecutors decide whether a first-time DUI defendant is eligible. They look at the criminal history, the driving history, and the circumstances of the arrest. Florida law bars a court from withholding adjudication for a DUI offense. The program works through a reduced charge of reckless driving with a withhold of adjudication. It has two tiers, set by the breath or blood test result.

What is Miami-Dade Drug Court and who qualifies?

Drug Court is a voluntary diversion and treatment program that the Eleventh Judicial Circuit has run since 1989. Florida law covers a defendant charged with a nonviolent felony. The person must have an identified substance abuse problem, be amenable to treatment, and have two or fewer prior nonviolent felony convictions. The circuit adds that the State Attorney must agree to divert the case. People with a history of violent crime or a drug sale or trafficking arrest are generally ineligible. Florida law also provides a misdemeanor version of treatment-based drug court under section 948.16.

What is Veterans Treatment Court?

It is a voluntary, pre-trial program that opened in January 2017. It serves veterans with addiction, severe mental illness, or both who are charged with nonviolent and lower level felonies. Florida law also covers veterans charged with misdemeanors. The circuit says the court monitors participants for at least 14 months, in five phases. Florida law requires dismissal of the charges when the person completes the program, and the State Attorney says the result depends on the participant's contract.

What is mental health diversion in Miami-Dade?

The mental health courts and jail diversion programs serve defendants who have a serious mental illness, alone or with a substance use disorder. The goal is community-based treatment. The State Attorney's Office calls the mental health court a voluntary alternative to the traditional court system for nonviolent misdemeanor and felony defendants. Florida law requires dismissal when a person completes a pretrial mental health program.

Do I have to plead guilty to enter a diversion program?

It depends on the program. The pretrial intervention statute lists a voluntary agreement, made after talking with a lawyer, and a waiver of the right to a speedy trial. Drug court agreements can include a plea, because Florida law refers to a plea of nolo contendere that can be expunged after dismissal. Ask for the written terms before you sign.

What happens if I do not finish the program?

The court can order the person to continue in education and treatment, or the charges can revert to normal prosecution. In pretrial intervention, the State Attorney or the program administrator can resume the prosecution at any time. That can happen if the person stops meeting the program's obligations. The Eleventh Circuit says removal from drug court is a last resort.

What is a withhold of adjudication?

A withhold of adjudication lets a judge place a person on probation without formally convicting the person, under section 948.01. Florida generally treats a withhold as no conviction, though Florida courts count it as a conviction for some purposes. Federal immigration law can treat it as a conviction.

Can a diversion program affect my immigration status?

It can. Federal immigration law asks whether the person entered a plea or admitted guilt, and whether the court imposed a penalty. Both together can count as a conviction even if the charge is dismissed later. A program that asks for neither may stay outside that definition. Read our immigration guide and have an immigration attorney review the agreement before you sign.

Can I expunge the arrest after a diversion dismissal?

Possibly. Florida law lets a person petition to expunge a record when the State Attorney dismissed or dropped the charge. The person must have no earlier adjudication of guilt for a criminal offense in Florida. The person must also be off court supervision for the case and, in most cases, have no earlier sealing or expunction. The process starts with a certificate of eligibility from FDLE, which carries a $75 processing fee unless waived. The certificate is valid for 12 months, so file promptly. A lawyer should review the full record first.

What if the victim will not consent?

Pretrial intervention under the statute needs the victim's consent, so a refusal can close that route. Drug court needs the State Attorney's agreement to divert the case, and the treatment programs follow their own rules. Florida law bars the defendant and immediate family from contacting the victim to ask for consent. A lawyer can talk with the State Attorney about other resolutions.

Can a domestic violence charge qualify for diversion?

Pretrial intervention covers misdemeanors and third-degree felonies and needs the victim's consent. A domestic violence charge therefore depends on that consent and on the State Attorney's decision. Our Domestic Violence Criminal Defense page covers these cases.

What separates diversion from probation?

Diversion pauses the prosecution while the person completes a program. Under the pretrial intervention statute, the charges are continued without final disposition. Probation under section 948.01 follows a verdict, a plea of guilty or no contest, or a finding of guilt, with or without an adjudication. Back on Track ends in a reduced charge with a withhold of adjudication, which is the kind of outcome section 948.01 describes.

Can the State refile charges after pretrial intervention?

In general pretrial intervention, the statute describes the administrator's recommendation as a dismissal without prejudice. The State Attorney says it drops the charges when a person completes the program. Ask whether the agreement bars refiling.

What do I give up, and how long does a program last?

In pretrial intervention, the person waives the right to a speedy trial for the diversion period. The statute holds the charges for 90 days, with a possible 90 day extension. The Eleventh Circuit says drug court lasts at least 12 months and Veterans Treatment Court at least 14 months. The current felony drug court statute leaves the length to the court. The State Attorney's Office and the provider set the terms for Back on Track and for pretrial diversion.

Do diversion programs cost money?

Yes. The State Attorney's Office says conditions may include classes, community service hours, and fines. Its Denise Moon Memorial Fund receives contributions primarily from defendants who elect pretrial diversion or are sentenced. Felony diversion can require restitution. Ask for the full cost in writing.

Can a public defender help me in pretrial intervention?

Florida law limits this. The court can appoint the public defender for an indigent person in pretrial intervention once the release is revoked and the person faces possible imprisonment. A private lawyer can advise before the person agrees to the terms.

Can a lawyer help me get into a diversion program?

A lawyer can review the charge and your record, and ask the State Attorney's Office about eligibility. A lawyer can also read the written terms with you and explain what happens if you finish or fall short. Starting early helps, because screening for some programs begins soon after booking.

Sources

Where This Comes From

Read the rules and the program descriptions yourself.

Statutes, Courts, and Programs

Florida law, the Eleventh Judicial Circuit, and the State Attorney

Every program rule on this page comes from a statute or from a program's own description. Where the page reports what lawyers say, it says so.

Programs and eligibility rules change, so confirm the current terms with the State Attorney's Office or the program before you rely on them.

Related Guides

Keep Reading

Immigration Consequences of a Plea in Florida

How federal immigration law reads a Florida plea, and what to ask before you agree to one.

Read the guide →

Expungement and Record Sealing

What Florida lets you seal or expunge, and what it leaves on the record.

Learn more →

Drug Charges

Possession, trafficking, and the defenses that apply in Florida.

Learn more →

DUI and Traffic Defense

How DUI and criminal traffic cases move through Miami-Dade courts.

Learn more →

Miami-Dade Warrant Search

The official places to check for a warrant, and what to do before anyone is arrested.

Read the guide →

Domestic Violence Criminal Defense

How domestic violence charges work in Florida and what a conviction can mean.

Learn more →

Criminal Case Timeline

What happens after an arrest, stage by stage, from first appearance through resolution.

Read the guide →

Florida Legal Terms Glossary

Plain language definitions, including withheld adjudication, nolo contendere, and pretrial intervention.

Read the guide →

Speak With Andre

Not Sure Which Program Fits Your Case?

Ask about diversion before you answer the first plea offer. Initial consultations are free and confidential, with no obligation to retain.

See our Criminal Case Timeline, our First Appearance Hearings guide, or our Bail and Bond Guide. If you are not a U.S. citizen, read our immigration guide before you agree to anything. For record questions, see our Expungement and Record Sealing page, and for open warrants, our Warrant Search guide.

Call (305) 774-7000 Request Confidential Consultation

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

    
 
 
       Posted on Google  
   
   Gabriel Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status
  
 
      Posted on Google  
   
   Andrew Varela 
 
 
 
 Trustindex verifies that the original source of the review is Google. An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!
  
 
      Posted on Google  
   
   Daniel Hernandez 
 
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.
  
 
      Posted on Google  
   
   Marsha K 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre helped me with a car accident and I was very happy with the settlement I received. He is always professional, personable and available.

Owner's reply
We appreciate your feedback and are glad that we were able to resolve your settlement.
  
 
      Posted on Google  
   
   Maju C 
 
 
 
 Trustindex verifies that the original source of the review is Google. I’m incredibly grateful for the way Andre and his team handled my case. He was meticulous, punctual, thoughtful, and always made sure I was informed and never left wondering what was happening. What meant the most to me was how genuinely caring and compassionate the entire team was—they treated me like family, not just a client. I’ll always be grateful for the support, kindness, and dedication they showed me throughout the entire process.

Owner's reply
We appreciate your review and positive feedback and are glad we were able to help you resolve your legal issue.
  
 
      Posted on Google  
   
   David Fuentes 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre delivered the results I wanted as promised.

Owner's reply
Thanks David. We were happy to help and that you were pleased.
  
 
      Posted on Google  
   
   Bradley Fuller 
 
 
 
 Trustindex verifies that the original source of the review is Google. Andre Rouviere is an amazing attorney! Not only is he extremely knowledgeable in his practice but he truly cares about his clients.

Owner's reply
Thanks Brad. Our pleasure to help!
  
 
      Posted on Google  
   
   C Breto 
 
 
 
 Trustindex verifies that the original source of the review is Google. I recommend them for their excellent service and for listening to my case and following up. Thank you guys

Owner's reply
It has been our pleasure to represent you and we are glad you are happy with our services.