Avoiding an Arrest – Pre-Arrest Diversion Program
In Hillsborough County, certain first-time misdemeanor offenders can avoid an arrest and judicial record entirely. In 2018, local law enforcement agencies, the State Attorney’s Office, and the Office of the Public Defender agreed to procedures for an Adult Pre-Arrest Diversion Program.
Adults are disqualified from eligibility for the program if:
- They have a prior misdemeanor or felony conviction (withhold of adjudication will disqualify)
- They have participated in APAD within the past two years or more than two previous times in their lifetime
- They do not admit to the offense, agree to make restitution or they pose a risk to the safety of himself or others in the community if not arrested.
What Offenses are Eligible?
- All misdemeanor offenses and violations of city and county ordinances with some exceptions mostly dealing with violent, sexual, and weapons offenses, to wit:
- Assault on a Specified Official
- Domestic Violence Battery
- Carrying a Concealed Weapon
- Driving Under the Influence
- Exposure of a Sexual Organ
- Improper Exhibition of a Weapon
- Lewd and Lascivious Act
- Stalking or Cyberstalking
- Sexual Cyberharassment
- Dating injunction violations
- Failure to Ensure School Attendance
- Other offenses left to the discretion of the law enforcement official
What the Program Requires
If the offender can complete the program requirements within 120 days, the charges will be dismissed entirely and the offender will not have any judicial record of the crime. Within those 120 days, the offender must:
- Report to Hillsborough County Sheriff’s Office Probation within 72 hours of being noticed of eligibility for the program
- Complete 16 hours of community service
- Pay restitution if appropriate
- Complete an appropriate program (anger management, impulse control, substance abuse, etc. at the discretion of the program officer)
- Letter of apology if appropriate
- No contact with victims and co-defendants if appropriate
What if You Don’t Complete the Program
If the program is not completed within 120 days, the program administrator will notify the Office of the State Attorney and they will direct file charges and the case will proceed through regular prosecution through the courts.
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
Request a Consultation
Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.