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Diversionary Programs

Can My Case Be Dismissed? 

There are several programs that a defendant can participate in that can lead to getting the charges dropped. The State often does not want to volunteer admission into these programs and so, having an attorney knowledgeable in the admissions practices for these programs can be the difference between an accused having a criminal record and not. The first program that can be explored is a Pre-Trial Intervention program (PTI). 

If you have not been convicted of more than one non-violent misdemeanor, you may be offered a Pre-Trial Intervention Program (PTI) that can lead the State to dismiss your charges. This program may involve community service, fines, supervision, etc. If the terms of your PTI or diversionary program are successfully completed, your criminal charge can be dismissed. However, it is important to work with an experienced attorney who can advocate for you in this situation. At Caughey Law, the attorney you speak with at intake is the attorney who will guide you throughout the legal process. Attorney Bryan Caughey understands the fear and stress involved in criminal charges and can work with you to help guide you in your situation. Depending on the facts of your case and your criminal history, the prosecutor or the judge may require mitigation to be presented to show them that the client is serious about entering the program, learning from it and successfully completing the program. 

Another diversionary program, that has less stringent admission criteria, is Alternative Courts. Alternative Court consists of Drug Court, Mental Health Court, and Veterans’s Court. The admissions policies of these programs are guided by Florida statute, but there is broad discretion given to prosecutors and the judiciary as to what case and what type of criminal history is acceptable. With so much discretion given, it is important that you have an advocate that thoroughly knows the admission criteria of each program, fighting for you to protect your criminal history. 

Call Caughey Law, PLLC at (352) 645-2215 or contact us online for a free consultation.

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Motion Practice

While your case is working through the criminal justice system, or after a plea, it may become necessary to file for a non-guilt phase motion. These may include a motion for modification of probation, modification of community control, travel permission, early termination of supervision, a motion to modify contact with the listed victim of a case or a motion to withdraw capias in the event of a failure to appear. 

A motion for modification of community control can be to remove or modify a term you have been previously ordered to complete, or to get credit for something you may have done ‘near right’ but not as ordered. Maybe you were ordered to take a certain drug class and completed a similar one that was not DOC approved. We can file a motion with the supporting paperwork to ask the judge to give you credit for being close enough. 

If you were ordered to complete a certain time period of community control and you have been successfully participating and doing well, we can file a motion to ‘step-down’ your supervision from community control, also known as house arrest, to regular probation. This modification would greatly increase your freedom and reduce the probability of an inadvertent violation for a scheduling mix-up- helping to get you out of the system faster. If you have an unexpected work trip planned, due to hurricane cleanup for example, we can also file a motion to ask the judge to grant you permission for extended travel making sure you’re able to keep working and supporting your family. If you have been on supervision for a while, have been doing well and completed the terms, we can also file for early termination of supervision, giving you your freedom back and allowing you to be free from the time and financial burden of supervision. 

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