A Second Track, and What It Really Costs
Florida runs a set of court programs that can route a criminal case toward treatment instead of a conviction, and for the right person they can mean a dismissal, a withhold of adjudication, or a shorter road than a straight prosecution. They also ask for a long commitment, frequent testing, and, in many of them, a guilty or no contest plea, and they are not the right answer in every case. Before any of that, the first question is whether the State can prove the case at all. This page explains how diversion and the treatment courts work in the circuits where I practice, the Sixth in Pinellas and Pasco, the Twelfth in Manatee, Sarasota, and DeSoto, and the Thirteenth in Hillsborough, and where the honest tradeoffs are.
Diversion Is Not the Same as a Treatment Court
The most important distinction has nothing to do with the name of the program and everything to do with whether you have entered a plea. Pretrial diversion, often called pretrial intervention, holds your case while you complete a program, and a successful finish ends in a dismissal because you never pleaded. Felony pretrial intervention runs under section 948.08, and the misdemeanor substance abuse and veterans tracks run under section 948.16. A post-plea treatment court works the other way around, because you plead first and enter the program as a condition of probation, so finishing can earn a withhold of adjudication or a shorter term, but a failure can send you back for the sentence on the charge you already admitted. Knowing which version you are being offered matters more than the label on the courtroom door.
Who Controls the Door
Entry is largely the State Attorney’s call, not the judge’s. The prosecutor weighs the charge, your prior record, and the facts, and most programs are limited to lower-level, non-violent offenses with no serious history of violence. That is why the work starts well before any application, because the stronger your position on the merits, the more room there is to negotiate the terms of entry, or to decide you are better off not entering at all.
The Programs Where I Practice
Each circuit runs its own set of programs, with its own intake and its own rules. These are the main criminal tracks in the three circuits where I handle cases. Program terms change, so I confirm the current rules with the court and the State before relying on any of them.
Sixth Circuit: Pinellas and Pasco
The Sixth Circuit runs an Adult Drug Court in both counties for eligible non-violent defendants, a voluntary program built on substance abuse treatment, frequent random testing, and a court appearance every thirty to forty-five days. Its Veterans Treatment Court also operates in both counties and runs twelve to twenty-four months. A veteran can enter through pretrial intervention on a first-time, non-violent third-degree felony or misdemeanor, which ends in a dismissal on completion, or after a plea as a condition of probation, where completion can mean a withhold of adjudication or a shorter probation. Pinellas also runs a Mental Health Court for lower-level charges that trace back to a mental disorder. If your case is a DUI, Florida handles that through its own track rather than standard drug court, and the Sixth Circuit’s DUI program is covered on the DUI penalties pages.
Thirteenth Circuit: Hillsborough
The Thirteenth Circuit runs several problem-solving courts. There is a drug pretrial intervention track that holds the case and ends in a dismissal on completion, and a separate post-adjudication Adult Drug Court that you enter after a plea, supervised through the Department of Corrections. Its Veterans Treatment Court operates under the pretrial veterans’ treatment intervention statute, section 948.16(2), for a veteran or servicemember whose case traces to a service-related mental illness, a traumatic brain injury, a substance use disorder, or a psychological problem, and it reaches both felony and misdemeanor charges. The circuit also runs a Mental Health Court for cases driven by mental illness.
Twelfth Circuit: Manatee, Sarasota, and DeSoto
The Twelfth Circuit runs a Drug Court in Manatee and Sarasota, a multi-phase program of roughly six to eighteen months that combines counseling, regular random screening, and frequent reviews before the court, with entry screened by the State Attorney and the treatment team. It also runs a Comprehensive Treatment Court for lower-level, non-violent misdemeanor and felony cases that addresses mental health, substance use, and housing, along with other treatment dockets. Sarasota also operates a DUI Court, and as in the other circuits the DUI options are covered on the DUI penalties pages.
| Program | How you enter | What completion can mean |
|---|---|---|
| Pretrial intervention | Before any plea, with the State’s agreement, under sections 948.08 and 948.16 | The charge is dismissed |
| Drug court | Before or after a plea, depending on the circuit and the track | A dismissal on a pretrial track, or a withhold or shorter probation after a plea, with the underlying sentence at risk on failure |
| Veterans treatment court | Pretrial under section 948.16(2), or after a plea as a probation condition | A dismissal on the pretrial track, or a withhold or shorter probation |
| Mental health court | By screening, for cases driven by mental illness | Treatment in place of incarceration, with terms set case by case |
What Saying Yes Costs You
A treatment court is a serious commitment, not a shortcut. Expect a year or more in the program, frequent random drug and alcohol testing, regular court appearances, treatment sessions, and program fees, with sanctions for missteps that can include jail. You also sign a broad waiver that lets the court, the State, and the treatment providers share your diagnoses, assessments, and mental health and substance abuse records, which is information that is otherwise confidential. And in a post-plea program a failure does not return you to the starting line, because you have already entered a plea, so the exposure is the sentence on that charge. None of that means these programs are a bad deal. It means the decision deserves a clear-eyed look before you sign.
When the Better Move Is to Fight
A treatment court usually asks you to give up the fight, so the first question is always whether the State can win it. If the stop was not lawful, if the search does not hold up, or if the evidence has real problems, a motion to suppress or a trial can end the case without years of supervision and without a plea. I look at the science and the procedure first, the way the State’s own officers and analysts are trained to, and I tell you plainly whether the case is winnable. Sometimes a treatment court is truly the best outcome on the table. Other times it is a long road to a conviction you could have avoided, and you deserve to know which one you are looking at before you agree to anything.
How I Approach It
I start with the evidence, not the program. If the case is weak, I say so and we fight it. If a treatment court is the right path, I work the terms so that you get the pretrial version that ends in a dismissal wherever that is possible, rather than a plea you do not need, and I make sure you understand the testing, the time, and the consequences of a slip before you commit. The goal is the cleanest result the facts allow, with your eyes open.
Where to Find Each Program
These are the official pages for the programs in each circuit. Terms and eligibility change, so treat them as a starting point and confirm the current rules with the court and the State.
In the Sixth Circuit, which covers Pinellas and Pasco, the court lists its court programs, with separate pages for adult drug court and the veterans treatment court.
In the Thirteenth Circuit, which covers Hillsborough, the court runs several problem-solving courts, including its veterans treatment court.
In the Twelfth Circuit, which covers Manatee, Sarasota, and DeSoto, the court publishes its treatment court programs and its pretrial services, the State Attorney lists its treatment courts, and at the county level the Manatee County pretrial intervention program and the Manatee County Clerk of Court handle the local intake and fees.
Related: Criminal defense overview, Bond and pretrial release, Violation of probation, and DUI penalties.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, so I have seen these programs work from the inside. Before I talk with you about a treatment court, I look hard at whether the State can prove the case at all, because the strongest position is often the one where you do not have to trade years of supervision for a charge that may not hold up. Learn more about my background.
Common Questions
What is the difference between pretrial diversion and a treatment court?
Pretrial diversion, often called pretrial intervention, holds your case before any plea and ends in a dismissal if you complete it, under sections 948.08 and 948.16. A post-plea treatment court is entered after you plead, as a condition of probation, so completing it can earn a withhold of adjudication or a shorter term, but a failure leaves you facing the sentence on the charge you already admitted. Which version you are offered matters more than the program’s name.
Do I have to plead guilty to get into a treatment court?
It depends on the track. A true pretrial program does not require a plea and ends in a dismissal on completion. Many drug courts and treatment courts, though, are post-plea, meaning you enter a plea first and complete the program on probation. I work to get the pretrial version wherever the facts and the State allow it, because a dismissal is a very different result from a plea.
Can I get into drug court on a DUI in Florida?
Generally no. Standard drug court is built for drug offenses, and DUI is handled through its own tracks, such as the Sixth Circuit’s DUI program. The DUI-specific options and penalties are laid out on the DUI penalties pages.
What happens if I fail a treatment court program?
It depends on whether you entered before or after a plea. On a pretrial track, the case generally returns to where it was and you can still fight it. On a post-plea track, you have already admitted the charge, so a failure can mean the court imposes the underlying sentence, which is one of the biggest reasons to understand the terms before you agree.
Who decides whether I am eligible?
The State Attorney largely controls entry, weighing the charge, your prior record, and the facts, and most programs are limited to lower-level, non-violent cases. That is why the strength of your case on the merits matters so much, because it shapes both whether you are offered a program and whether you should take it.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Diversion and treatment court eligibility, terms, and availability are set by each circuit and the State Attorney and they change, and entry into some programs requires a plea, so confirm how any program applies to your case with counsel. Florida pretrial intervention runs under sections 948.08 and 948.16, and the treatment-based drug court programs run under section 397.334. If you or your family are looking for help right now, my treatment and recovery resources page lists where to start. Every case is different, and past results do not guarantee a similar outcome.
