Question: Is it better to have the state nolle pros (i.e., dismiss) your criminal case or enter into a diversion program?
My response: A straight up nolle pros or no action is always the best that can happen to a defendant. It's a better resolution compared to PRETRIAL INTERVENTION ("PTI") or PRETRIAL DIVERSION ("PTD") for a few reasons:
1.) you don't have to pay any money ($) if your case is nolle prosed or no actioned - usually programs like pre-trial diversion and/or pre-trial intervention require that you register to take some classes and pay for them. Classes involve your time and your money.
2.) community service hours - Usually, PTI and/or PTD will require that the defendant complete some community hours. Again this requires more time out of your daily life and schedule.
That being said, the aforementioned programs: "PTI" and "PTD" are far better alternatives than getting either a withhold of adjudication or a conviction. These programs, if you complete them successfully, lead to a nolle pros by the state attorney's office.
If you have any questions or know someone that needs help with this type of situation feel free to contact us for a free consultation.
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Dennis Gonzalez Jr.
Miami Criminal Defense Attorney