Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Record Expungements/Sealings, Traffic Defense.

733 West Colonial Drive, Orlando 32801 - 407-841-5555

Orange and Osceola County

County Diversion Programs

Orlando Criminal Defense and Expungement Lawyer

Last Updated: April 11, 2014

Ninth Judicial Circuit Diversion Programs

The Office of the State Attorney offers the following diversion programs. The minimum requirements for any case are as follows:

  • Only misdemeanor charges may participate.
  • No prior sentence, conviction or dismissal for a similar charge.
  • No more than one prior misdemeanor sentence for a dissimilar offense.
  • No prior diversion or deferred prosecution program (includes unsuccessful attempts).
  • No prior felony sentences.
  • Must have legal residence in the United States.
  • For DUIs - No prior alcohol related driving offenses, regardless of outcome.

Some things you must understand about the pretrial diversion programs in the 9th Circuit. You cannot refer yourself into Pretrial Diversion. Your attorney cannot refer you into Pretrial Diversion. You must be referred by the Office of the State Attorney.

If the Court allows your case to be removed from the trial docket to be considered for Pretrial Diversion you must (if approved):

  • Sign a contract with the State Attorney to complete the conditions of your diversion program.
  • Attend (or have attorney attend) all court dates while case is pending acceptance into diversion.
  • If on pretrial release continue to contact your officer until you have signed the diversion contract.

Types of Cases Allowed and Requirements

  • Partner-Related Domestic Violence:
    • Program Length: 9 months
    • Program Cost: $450.00
    • Intake/Drug Tests: $20.00/$17.00
    • Community Service Hours: 40 hours minimum
    • Phone Reporting Costs: $55.00
    • State Attorney Fee: $50.00
    • Batterers Intervention Program minimum 26 weeks
    • No contact or no hostile contact with victim.

  • DUI, Drunk Driving:
    • DUI Cases - Type 1 (blow under 0.15)
      • Program Length: 12 months
      • Program Cost: $600.00
      • Intake/Drug Tests: $20.00/$17.00
      • Community Service Hours: 50 hours minimum
      • Phone Reporting Costs: $55.00
      • State Attorney Fee: $50.00
      • DUI Counter-Attack Class, Level 1
      • Substance Abuse Evaluation and complete recommended treatment
      • Victim Impact Class
      • 10-day Vehicle Impoundment/Immobilization
      • $500 Monetary Contribution to MADD or Victim Service Center
      • Pay Law Enforcement Investigative Costs
      • Random Observed Urine Screens
    • DUI Cases - Type 2 (refusal or blow above 0.15)
      • Program Length: 15 months
      • Program Cost: $750.00
      • Intake/Drug Tests: $20.00/$17.00
      • Community Service Hours: 50 hours minimum
      • Phone Reporting Costs: $73.00
      • State Attorney Fee: $50.00
      • DUI Counter-Attack Class, Level 1
      • Substance Abuse Evaluation and complete recommended treatment
      • Victim Impact Class
      • 10-day Vehicle Impoundment/Immobilization
      • 6-Month Ignition Interlock (mandatory)
      • $1000 Monetary Contribution to MADD or Victim Service Center
      • Pay Law Enforcement Investigative Costs
      • Random Observed Urine Screens

  • Theft, Fraud, and Property Cases:
    • Program Length: 6 months
    • Program Cost: $300.00
    • Intake/Drug Tests: $20.00/$17.00
    • Community Service Hours: 40 hours minimum
    • Phone Reporting Costs: $37.00
    • State Attorney Fee: $50.00
    • Impulse Control/Theft Prevention Class

  • Drug and Alcohol (Non-DUI) related Offenses:
    • Program Length: 6 months
    • Program Cost: $300.00
    • Intake/Drug Tests: $20.00/$17.00
    • Community Service Hours: 40 hours minimum
    • Phone Reporting Costs: $37.00
    • State Attorney Fee: $50.00
    • Obtain Substance Abuse Evaluation and complete any recommended treatment.
    • Victim Impact Class through MADD
    • Random Observed Urine Screens

  • Misdemeanor Sex-Related Offenses:
    • Program Length: 6 months
    • Program Cost: $300.00
    • Intake/Drug Tests: $20.00/$17.00
    • Community Service Hours: 40 hours minimum
    • Phone Reporting Costs: $37.00
    • State Attorney Fee: $50.00
    • Obtain a sex offender assessment and complete any recommended treatment.
    • Successfully attend the Sexually Transmitted Diseases (STD) Awareness Class.

  • Resisting A Law Enforcement Officer Without Violence:
    • Program Length: 6 months
    • Program Cost: $300.00
    • Intake/Drug Tests: $20.00/$17.00
    • Community Service Hours: 40 hours minimum
    • Phone Reporting Costs: $37.00
    • State Attorney Fee: $50.00
    • Anger Management Class
    • Substance Abuse Evaluation and follow-up treatment (if applicable)
    • Letter of Apology to the Officer