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
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.
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
- 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.
Which Program Fits Which Situation
Eligibility depends on the full facts, so treat this as a starting point.
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
- 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
- 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
- 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 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 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.
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.
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.
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.
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.
Common Diversion Questions
How does pretrial diversion work in Miami-Dade?+
Does finishing a diversion program mean my charges are dismissed?+
Who decides whether I can enter a diversion program?+
Can I get diversion for a first DUI in Miami-Dade?+
What is Miami-Dade Drug Court and who qualifies?+
What is Veterans Treatment Court?+
What is mental health diversion in Miami-Dade?+
Do I have to plead guilty to enter a diversion program?+
What happens if I do not finish the program?+
What is a withhold of adjudication?+
Can a diversion program affect my immigration status?+
Can I expunge the arrest after a diversion dismissal?+
What if the victim will not consent?+
Can a domestic violence charge qualify for diversion?+
What separates diversion from probation?+
Can the State refile charges after pretrial intervention?+
What do I give up, and how long does a program last?+
Do diversion programs cost money?+
Can a public defender help me in pretrial intervention?+
Can a lawyer help me get into a diversion program?+
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
- Florida Statutes § 948.08, pretrial intervention programs
- Florida Statutes § 948.16, misdemeanor treatment programs
- Florida Statutes § 316.656, DUI adjudication and plea limits
- Florida Statutes § 316.1939, refusal to submit to testing
- Florida Statutes § 943.0585, expunction of criminal history records
- Miami-Dade State Attorney: diversion programs
- Miami-Dade State Attorney: treatment courts
- Miami-Dade State Attorney: sealing and expunging, the court process
- Eleventh Judicial Circuit: Adult Drug Court
- Eleventh Judicial Circuit: Drug Court FAQ
- Eleventh Judicial Circuit: Veterans Treatment Court
- Eleventh Judicial Circuit: Criminal Mental Health Project overview
- The Advocate Program: pretrial diversion and Back on Track
- Florida Bar Journal: withhold of adjudication
Programs and eligibility rules change, so confirm the current terms with the State Attorney's Office or the program before you rely on them.
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 →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.
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