Misdemeanor Intervention Program (“MIP”)

For a first offense, the Misdemeanor Intervention Program (“MIP”) might provide a way to resolve the case pending in Tampa or Plant City, FL.

An attorney can help you understand the pros and cons of entering the MIP program in Hillsborough County.

Some individuals who enter the MIP program are surprised by the expense, burden, and time required to complete the requirements.

Not everyone who applies is eligible. If you are not eligible, you will be notified that you are rejected from the program, and a new court date will be set.

If you enter the program, you might be rejected for failing to complete one of the special conditions on time or because of a new arrest.

Entering MIP has pros and cons. Of course, the best result is getting the charges dropped outright by the prosecutor or dismissed by the court on the merits.

For many professionals, such as teachers, nurses, and members of the military, entering MIP might have consequences for their careers.

The State Attorney’s Office (SAO) doesn’t necessarily tell you the terms upfront. Instead, you must complete a MIP application form and send it in with a $20 money order.

Then you have to wait for a representative of the MIP program to contact you for the first meeting, where the terms and conditions are disclosed.

This article provides information on what might be required to complete the program.

Attorneys for MIP in Tampa, FL

We wrote this article to help people understand the pros and cons of entering MIP.

The attorneys at the Sammis Law Firm are experienced in fighting criminal accusations. We focus exclusively on criminal defense.

The clients who hire us what to fight the case for an outright dismissal so that they can be exonerated on the merits of the case.

Our office is in downtown Tampa. Call today for a confidential consultation to discuss your case.

We can help you determine your best options and make an informed decision.

Call 813-250-0500.

Requirements for the MIP Program

As a general rule, the requirements of MIP include paying approximately $450 (called a “donation”), performing at least 18 hours of community service, and paying restitution (if any).

Other special conditions depend on the underlying charges, including the following:

• shoplifting
  • petit theft school (classes on how to prevent future acts of shoplifting)
  • staying away from the location where the theft occurred
  • 15 hours of community service
• making harassing phone calls
  • no contact with the alleged victim
  • 16 hours of community service
•  misdemeanor lewd and lascivious
  •  STD screening
  • stay away from the offense location
  • 16 hours of community service
•  carrying a concealed weapon or carrying an open firearm
  • forfeit weapon unless the person has a concealed weapons permit
  • 16 hours of community service
• soliciting for prostitution (for John’s only)
  • a health test
  • the Johns Awareness Diversion Education program
  • stay away from the offense location
•  disorderly conduct
  • the AEATIN class
  • 16 hours of community service
•  resisting without violence
  • letter of apology to the law enforcement officer
  • 24 hours of community service
• worthless check charges
  • worthless check school
  • service charge
  • restitution
  • 16 hours of community service
•  criminal mischief
  • no contact with the alleged victim
  • 16 hours of community service
• assault or battery charges
  • anger management;
  • 16 hours of community service; and
  • no violent content with the alleged victim.
• domestic battery case
  • an intensive 26-week course called “Batterer’s Intervention”
• possession of marijuana
  • submitting to random urine screens
  • if you have a positive screening, then a condition is added to undergo a drug and alcohol evaluation and successfully complete any recommended follow-up treatment (typically at least eight (8) counseling sessions)
  • for possession of marijuana cases, delay entering MIP until you are sure your first urine test will be negative, which might take up to 30 days

Downsides of Entering MIP

The MIP program is not for everyone. If you are completely innocent of the charge, if evidence was gathered illegally, or if the prosecutor has insufficient evidence – then you might be better off fighting the accusations in court.

To enter the program, you must disclose your employment address and notify the program if you change your employment.

Certain professionals face serious and immediate negative consequences after entering a MIP program because many employers or licensing entities consider it comparable to an admission of guilt and conviction.

If your employment contract requires you to report an arrest or criminal charge, learn more about what the contract might say about diversion programs before you make a decision.

For individuals with a state or federal professional license, the consequences of entering MIP (or entering a plea) are serious because the offense must be disclosed even if the individual ultimately seals or expunges the criminal record.

A resolution for MIP can have consequences for certain professionals, including healthcare professionals such as nurses, certified educators such as public school teachers,lawyers, law enforcement officers, or members of the military.

Even students that want to pursue one of these professions in the future should consider the negative indirect consequences of entering MIP that last a lifetime.

For many professionals, a better option is getting “informal diversion.” Informal diversion is essentially a “gentleman’s agreement” between the prosecutor and the defense attorney.

Under this type of informal agreement, the accused person will do something affirmative, such as paying restitution or performing community service hours, in exchange for the prosecutor dropping the charges outright.

Nothing is said on the record about the agreement. The charges are just dropped, and the person is exonerated without entering a formal diversion program such as MIP. This effectively allows the person to escape certain collateral consequences.

This type of resolution often requires the services of an experienced criminal defense attorney. Prosecutors are hesitant to offer this type of resolution unless the facts of the case require it.

For instance, if the defense might win a viable motion to suppress or a motion to dismiss, then, the prosecutor might be more likely to settle the case for something less than a formal diversion program.

IN THE COUNTY COURT, THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

STATE OF FLORIDA,                                      CASE NO.:

vs.

[DEFENDANT’s NAME]                                 DIVISION:
Defendant.
______________________________________________/

MIP AGREEMENT

    This AGREEMENT, entered into this ______ day of ____________, 2023, by and between ________________________________, the Defendant; ____________, Attorney for the Defendant, and STATE ATTORNEY, 13TH Judicial Circuit of Florida, by and through his undersigned Assistant.

1. It is agreed that Defendant meets the criteria and qualifications for admission to the Misdemeanor Intervention Program and Defendant’s Attorney, having fully investigated the case and having fully advised Defendant’s best interest to enter into this agreement.
2. It is understood and agreed that the Defendant shall participate in the Misdemeanor Intervention Program for a total period of six (6) months and shall report in person each month on an assigned date to the Misdemeanor Intervention Program unless otherwise directed by the Misdemeanor Invention Supervisor. This program includes six (6) months of active supervision. Defendant may be submitted for early termination upon completion of all conditions of his/her Agreement. Under no circumstances will this program period be less than ninety (90) days.
3. Defendant, by and through his/her Attorney, stipulates and agrees that in consideration for entering into this Agreement, Defendant waives the right to a speedy trial as provided by law.
4. Defendant stipulates and agrees that he/she will keep the Misdemeanor Intervention Program Supervisor advised of his/her current address throughout the entire Program. The Defendant further stipulates and agrees that the address placed on this contract and/or subsequent address changes presented in writing to the Misdemeanor Intervention Program shall be utilized to provide notice to the Defendant to appear for subsequent court hearings if prosecution is reinstated as discussed in paragraph eight infra. Defendant further stipulates that notice sent to the address shall be sufficient notice to Defendant to appear and that failure to appear after said notice as provided may result in the issuance of a capias for the arrest of Defendant.
5. The Defendant, and his/her Attorney, warrant that the Defendant meets the eligibility criteria for admission into the Program and has no prior criminal record, other than as stated on the attached statement of prior Criminal/Traffic charges and is not on probation for a prior crime, charge or conviction. Defendant agrees to be completely law abiding during the term of this Agreement.
6. Recognizing that acceptance into the Program is a privilege, the Defendant voluntarily agrees to make restitution in the case to the victim(s), ________________, in the amount of $____________ payable as follows: _____________________________________
7. Defendant agrees to submit to a psychological, drug, alcohol, or any other examination or evaluation if ordered. Defendant further agrees that the costs of such psychological, drug, alcohol, or any other examination or evaluation shall be his/her responsibility.
8. The parties stipulate and agree that the Agreement shall in no way operate as a contract for immunity from prosecution for the charge pending in this case, and further, should Defendant fail to meet the terms and conditions of this Agreement, the Agreement shall be deemed void at the discretion of the State Attorney, without Notice of Hearing and prosecution may then be reinstated.
9. Defendant agrees to attend school or work regularly at a lawful occupation and/or participate in other programs, as directed, with the Defendant paying the costs of said programs.
10. Defendant agrees to inform his/her Misdemeanor Intervention Program Supervisor immediately of any change relating to employment or education.
11. The Defendant further stipulates and agrees to answer truthfully all inquiries and carry out all instructions of his/her Misdemeanor Intervention Program Supervisor, and grants permission for said Supervisor to visit his/her home, place of employment, school, or other location for the purpose of carrying out adequate supervision.
12. Defendant agrees to do the following, in addition to the above:
    • COST OF SUPERVISION – seventy-five dollars ($75.00) the first month and fifty-five ($55.00) every month thereafter.
    • COST OF PROSECUTION – fifty dollars ($50.00) payable within five months.
    • HILLSBOROUGH COUNTY VICTIMS ASSISTANT PROGRAM FEE – seventy-five ($75.00) payable within five (5) months.
    • COST OF INVESTIGATION FEE – to (DIVISION OF ALCOHOL, BEVERAGE & TOBACCO) in the amount of seventy dollars ($70.00) payable within five (5) months.
    • HILLSBOROUGH COUNTY DRUG EDUCATION TRUST FUND – fifty dollars ($50.00) payable within five (5) months.
    • COMPLETE FOUR (4) DRUG URINE SCREENS; the first one to be taken within (7) days of signing the MIP agreement and the remainder to be taken every three (3) weeks thereafter. If the Defendant tests positive, provides two (2) Consecutive diluted urine screens and/or fails to complete any urine screen by the Scheduled due date, a Substance Abuse Evaluation will be required. Treatment, if Recommended, is to be completed within five (5) months.
    • Defendant further agrees that all monies paid into the Misdemeanor Intervention Program shall be forfeited if he/she fails to meet the terms and conditions of this Agreement.

STATE ATTORNEY, 13TH Judicial Circuit by and through his undersigned Assistant, hereby warrants and agrees that, should the Defendant meet the terms and conditions of this Agreement as determined by said State Attorney, the pending charges, in this case, shall be nolle prose.

It is stipulated and agreed that the State Attorney’s decision regarding full compliance in this regard shall be final and shall not be reviewable by any court.

___________________________________           _____________
Defendant’s Signature and Address                                        Date

___________________________________            _____________
Bureau Chief/Assistant State Attorney                                   Date
Thirteenth Judicial Circuit of Florida
Hillsborough County

This article was last updated on Friday, February 10, 2023.