Early Resolution Diversion
Program Description
Defendants arrested or charged with certain non-violent misdemeanors or third-degree felonies and whose criminal history is minimal may qualify to have their charges dropped in exchange for completion of a diversion program.
The State Attorney’s Office offers Early Resolution Diversion (ERD), an alternative to formal court proceedings focused on rehabilitation and education. A diversion-eligible person may have their criminal charges dismissed in exchange for completing a formal program designed to address, treat or remedy underlying issues related to the charges against them.
If a defendant is approved for ERD, prosecution of the criminal case will be suspended for a specified period while the defendant completes the diversion program requirements.
The State will dismiss the charges against the defendant once the defendant successfully completes the requirements of the program.
The State Attorney’s Office works with several local service providers and Advent eLearning to administer ERD.
Defendants arrested or charged with certain non-violent misdemeanors, third-degree felonies and some second-degree felonies may qualify for ERD when there are no aggravating factors.
A defendant’s charges, criminal history and facts of the case will determine whether he or she is eligible for diversion. The most significant factor in determining eligibility is whether there is a likelihood the defendant will cooperate with and benefit from diversion.
Defendants must also meet the following requirements:
- Must not have any prior arrests or charges within 10 years of completing a sentence for a non-violent felony or misdemeanor adjudication or withhold of adjudication.
- Must not have more than two prior adult misdemeanors with withhold of adjudication or adjudication sentences and the two priors must have been diversion-eligible offenses.
- Must not have any prior withhold of adjudication or adjudication sentences for the same offense.
- Must not have received a conviction or withhold of adjudication for a crime of violence or as defined as a disqualifying offense.
- Must not have previously participated in a similar ERD program.
- A commitment to pay restitution which includes cost of prosecution, program fees and, if appropriate, the cost of investigation.
- Must voluntarily agree to enter ERD.
- Be a United States Citizen, legal resident or visitor.
Most non-violent misdemeanors and third-degree felonies are eligible for early resolution diversion. Some non-violent second-degree felonies are also eligible.
Cases that may not be appropriate for diversion are felonies involving weapons and violence. However, Carrying a Concealed Weapon or Firearm or Having a Weapon or Firearm in a Prohibited Area are ERD-eligible offenses. A review of mitigators and aggravators will be relevant when determining ERD eligibility.
- Domestic violence cases
- Cases involving street gang activity or benefiting the enterprise of a street gang
- Cases related to sexual allegations, including exposure of sexual organs, but excluding referrals for prostitution
- Flee and Attempting to Elude Law Enforcement (FATE)
- Employee Theft
- Organized Theft
- Using Another Person’s Identification to Obtain Credit
- Organized Burglary or Theft Ring Participation
- Second-Degree Felony Burglary
- Animal Cruelty
- Driving Under the Influence
- Hate crimes
- Crimes involving foreign or domestic terrorism
- Stalking
- Violation of Injunction
- Forcible felony under Florida Statue 776.08
Defendants or their defense attorneys may apply online via Advent eLearning after a defendant has been arrested or issued a Notice to Appear or a criminal citation.
The State Attorney’s Office will evaluate each case to determine ERD eligibility and the defendant will receive an update on their application via Advent eLearning.
Defendants may also visit one of the locations below to apply for ERD:
Operation New Hope
321-234-4782
617 North Magnolia Avenue
2nd Foor
Orlando, FL 32801
Hours: Mon. – Fri. | 8:30 a.m. – 4 p.m.
Hope Partnership
Phone: 321-677-0245
Phone Hours: Mon. – Fri. | 9 a.m. – 5 p.m.
Email: moreinfo@hope192.com
In-Person Community Support Locations:
Hope Cares Day
2420 Old Vineland Rd.
Kissimmee, FL 34746
Hours: Mon. | 10 a.m. – 1 p.m.
Hope Commons
122 W Sproule Avenue
Kissimmee, FL 34741
Tues. – Thurs. | 9 a.m. – 12 p.m. | 1 – 3 p.m.
Hart Memorial Library
211 E. Dakin Avenue
Kissimmee, FL 34741
Friday | 9 a.m. – 1 p.m. (excluding the 1st Friday of each month)
ERD is available after a defendant has been arrested or issued a Notice to Appear or a criminal citation.
The State Attorney’s Office will evaluate each case to determine ERD eligibility and contact the defendant or their defense attorney.
Defendants who are approved for an ERD program will be contacted by the State Attorney’s Office.
ERD focuses on education and rehabilitation and may include attending educational classes, counseling, job training, community service hours, substance abuse and mental health treatment services and paying fees.
You can complete your required community service hours at any non-profit organization. Click here for a list of suggested locations.
When a defendant successfully fulfills the terms and conditions of their ERD agreement, the State will dismiss the charges against the defendant.
If the State finds at the termination of the diversion period or any time before the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement or probable cause has been found the defendant has violated the law, the State will inform the court and prosecution will resume.
The ERD program fee is $100. Defendants are also responsible for the cost of any educational courses and the cost of investigation, which is determined by the investigating law enforcement agency.
If a defendant’s application has not been approved, they will have to appear for their scheduled court hearing. A defendant will not have to appear for court if they are accepted into the ERD program. The court may set a status hearing that would require a defendant to appear.
At the completion of the ERD program, a defendant’s case will be dismissed. The defendant may be eligible to apply to have their criminal record sealed or expunged. For more information on sealing and expungement.
Defendants or their defense attorneys may apply online via Advent eLearning website after a defendant has been arrested or issued a Notice to Appear or a criminal citation.
The State Attorney’s Office will evaluate each case to determine ERD eligibility and the defendant will receive an update on their application via Advent eLearning.
Defendants may also visit one of the locations below to apply for ERD:
- Operation New Hope
321-234-4782
617 North Magnolia Avenue
2nd Foor
Orlando, FL 32801
Hours: Mon. – Fri. | 8:30 a.m. – 4 p.m.
- Hope Partnership
321-677-0245
Phone Hours: Mon. – Fri. | 9 a.m. – 5 p.m.
Email: moreinfo@hope192.com
In-Person Community Support Locations:
- Hope Cares Day
2420 Old Vineland Rd.
Kissimmee, FL 34746
Hours: Mon. | 10 a.m. – 1 p.m.
- Hope Commons
122 W Sproule Avenue
Kissimmee, FL 34741
Hours: Tues. – Thurs. | 9 a.m. – 12 p.m. | 1 – 3 p.m.
- Hart Memorial Library
211 E. Dakin Avenue
Kissimmee, FL 34741
Hours: Friday | 9 a.m. – 1 p.m. (excluding the 1st Friday of each month)
Defendants who are approved for a ERD program will receive an email notification from Advent eLearning which will include next steps.
ERD focuses on education and rehabilitation and may include attending educational classes, counseling, job training, community service hours, substance abuse and mental health treatment services and paying fees.
When a defendant successfully fulfills the terms and conditions of their ERD agreement, the State will dismiss the charges against the defendant.
If the State finds at the termination of the diversion period or any time before the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement or probable cause has been found the defendant has violated the law, the State will inform the court and prosecution will resume.
The ERD program fee is $100. Defendants are also responsible for the cost of any educational courses and the cost of investigation, which is determined by the investigating law enforcement agency.
If a defendant’s application has not been approved, they will have to appear for their scheduled court hearing. A defendant will not have to appear for court if they are accepted into the ERD program. The court may set a status hearing that would require a defendant to appear.
At the completion of the ERD program, a defendant’s case will be dismissed. The defendant may be eligible to apply to have their criminal record sealed or expunged. For more information on sealing and expungement.
Defendants arrested or charged with certain non-violent misdemeanors, third-degree felonies and some second-degree felonies may qualify for ERD when there are no aggravating factors.
A defendant’s charges, criminal history and facts of the case will determine whether he or she is eligible for diversion. The most significant factor in determining eligibility is whether there is a likelihood the defendant will cooperate with and benefit from diversion.
Defendants must also meet the following requirements:
- Must not have any prior arrests or charges within 10 years of completing a sentence for a non-violent felony or misdemeanor adjudication or withhold of adjudication.
- Must not have more than two prior adult misdemeanors with withhold of adjudication or adjudication sentences and the two priors must have been diversion-eligible offenses.
- Must not have any prior withhold of adjudication or adjudication sentences for the same offense.
- Must not have received a conviction or withhold of adjudication for a crime of violence or as defined as a disqualifying offense.
- Must not have previously participated in a similar ERD program.
- A commitment to pay restitution which includes cost of prosecution, program fees and, if appropriate, the cost of investigation.
- Must voluntarily agree to enter ERD.
- Be a United States Citizen, legal resident or visitor.
Most non-violent misdemeanors and third-degree felonies are eligible for early resolution diversion. Some non-violent second-degree felonies are also eligible.
Cases that may not be appropriate for diversion are felonies involving weapons and violence. However, Carrying a Concealed Weapon or Firearm or Having a Weapon or Firearm in a Prohibited Area are ERD-eligible offenses. A review of mitigators and aggravators will be relevant when determining ERD eligibility.
- Domestic violence cases
- Cases involving street gang activity or benefiting the enterprise of a street gang
- Cases related to sexual allegations, including exposure of sexual organs, but excluding referrals for prostitution
- Flee and Attempting to Elude Law Enforcement (FATE)
- Employee Theft
- Organized Theft
- Using Another Person’s Identification to Obtain Credit
- Organized Burglary or Theft Ring Participation
- Second-Degree Felony Burglary
- Animal Cruelty
- Driving Under the Influence
- Hate crimes
- Crimes involving foreign or domestic terrorism
- Stalking
- Violation of Injunction
- Forcible felony under Florida Statue 776.08
The State Attorney’s Office will evaluate each case to determine ERD eligibility and contact the defendant or their defense attorney.
ERD is available after a defendant has been arrested or issued a Notice to Appear or a criminal citation.
The State Attorney’s Office will evaluate each case to determine ERD eligibility and contact the defendant or their defense attorney.
Defendants who are approved for an ERD program will be contacted by the State Attorney’s Office.
ERD focuses on education and rehabilitation and may include attending educational classes, counseling, job training, community service hours, substance abuse and mental health treatment services and paying fees.
You can complete your required community service hours at any non-profit organization. Click here for a list of suggested locations.
When a defendant successfully fulfills the terms and conditions of their ERD agreement, the State will dismiss the charges against the defendant.
If the State finds at the termination of the diversion period or any time before the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement or probable cause has been found the defendant has violated the law, the State will inform the court and prosecution will resume.
The ERD program fee is $100. Defendants are also responsible for the cost of any educational courses and the cost of investigation, which is determined by the investigating law enforcement agency.
If a defendant’s application has not been approved, they will have to appear for their scheduled court hearing. A defendant will not have to appear for court if they are accepted into the ERD program. The court may set a status hearing that would require a defendant to appear.
At the completion of the ERD program, a defendant’s case will be dismissed. The defendant may be eligible to apply to have their criminal record sealed or expunged. For more information on sealing and expungement.
Defendants or their defense attorneys may apply online via Advent eLearning website after a defendant has been arrested or issued a Notice to Appear or a criminal citation.
The State Attorney’s Office will evaluate each case to determine ERD eligibility and the defendant will receive an update on their application via Advent eLearning.
Defendants may also visit one of the locations below to apply for ERD:
- Operation New Hope
321-234-4782
617 North Magnolia Avenue
2nd Foor
Orlando, FL 32801
Hours: Mon. – Fri. | 8:30 a.m. – 4 p.m.
- Hope Partnership
321-677-0245
Phone Hours: Mon. – Fri. | 9 a.m. – 5 p.m.
Email: moreinfo@hope192.com
In-Person Community Support Locations:
- Hope Cares Day
2420 Old Vineland Rd.
Kissimmee, FL 34746
Hours: Mon. | 10 a.m. – 1 p.m.
- Hope Commons
122 W Sproule Avenue
Kissimmee, FL 34741
Hours: Tues. – Thurs. | 9 a.m. – 12 p.m. | 1 – 3 p.m.
- Hart Memorial Library
211 E. Dakin Avenue
Kissimmee, FL 34741
Hours: Friday | 9 a.m. – 1 p.m. (excluding the 1st Friday of each month)
Defendants who are approved for a ERD program will receive an email notification from Advent eLearning which will include next steps.
ERD focuses on education and rehabilitation and may include attending educational classes, counseling, job training, community service hours, substance abuse and mental health treatment services and paying fees.
When a defendant successfully fulfills the terms and conditions of their ERD agreement, the State will dismiss the charges against the defendant.
If the State finds at the termination of the diversion period or any time before the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement or probable cause has been found the defendant has violated the law, the State will inform the court and prosecution will resume.
The ERD program fee is $100. Defendants are also responsible for the cost of any educational courses and the cost of investigation, which is determined by the investigating law enforcement agency.
If a defendant’s application has not been approved, they will have to appear for their scheduled court hearing. A defendant will not have to appear for court if they are accepted into the ERD program. The court may set a status hearing that would require a defendant to appear.
At the completion of the ERD program, a defendant’s case will be dismissed. The defendant may be eligible to apply to have their criminal record sealed or expunged. For more information on sealing and expungement.
ERD Programs
Click on the available Early Resolution Diversion programs below to explore each program, program requirements and how to apply:
