The Office of the State Attorney in Hillsborough County, in the Thirteenth Judicial Circuit, created a new diversion program called the Drug Education and Treatment Reducing Recidivism (DETRR) Program.
Contact an attorney at Sammis Law Firm to see if you might meet the eligibility criteria for admission into the new DETRR diversion program created by the State Attorney’s Office in Tampa, FL.
Once approved, you must sign an agreement showing that both you and your defense attorney agree that it is in your best interest to participate in the DETRR Program. DETRR Program Level One typically lasts for a period of six (6) months that begins when you sign and submit the agreement.
If you enter the DETRR program, then the Office of the State Attorney will defer prosecution while you are in the program. If you fail to complete the program, then your prosecution will resume. If you complete the program, then your charge or charges will be nol prossed (nolle prosequi).
For the DETRR diversion program, you must report to the Department of Corrections directly after court, Room 348 (third floor of Criminal Court Annex), with a copy of your contract. Then you will receive instructions about how to make your payment to the Department of Corrections.
The program requires an evaluation and treatment by a substance abuse community treatment provider including ACTS, DACCO, Phoenix House, Tampa Crossroads, or Westcare.
Payments can be made to the clerk of court at the Edgecomb Courthouse, the Plant City Courthouse, the Brandon Regional Service Center, or the Southshore Regional Service Center.
Attorney for the DETRR Diversion Program in Tampa, FL
Entering a diversion program is not always the best result. If you are actually innocent of the crime or if the prosecutor is unable to prove the charge beyond all reasonable doubt, then the best result is getting the charges dropped on their merits.
When it comes to dealing with the collateral consequences of the accusation, many employers and licensing boards consider a diversion program to be very similar to a conviction.
An attorney can help you decide whether you should fight your charges. The attorney can also explain the pros and cons of entering a diversion program.
What Happens if You Fail to Comply with the DETRR Terms?
At any time while you are in the program, if the State determines that you failed to comply with the terms and conditions required under the Agreement, the State will unsuccessfully discharge you from the program, and the Office of the State Attorney will resume prosecution of the case.
What Happens if You Successfully Complete the DETRR Program?
At the end of the program period, if you have fulfilled all of the obligations listed in the agreement, then the Office of the State Attorney will enter a nolle prosequi on the case or cases that are the subject of this Agreement, and prosecution will terminate.
Rights You Give Up By Entering the DETRR Program
For the Level I version of the agreement, it requires you to acknowledge and agree to the following:
I HAVE BEEN OFFERED AND HAVE ACCEPTED THE OPPORTUNITY TO PARTICIPATE IN THE STATE ATTORNEY’S OFFICE DETRR PROGRAM (LEVEL ONE). I HEREBY ACKNOWLEDGE AND VOLUNTARILY AGREE TO THE FOLLOWING:
- I am seeking admission into the DETRR Program (Level One), and I do so with the intention of complying with all conditions and obligations imposed upon me by agreement with the Office of the State Attorney.
- In consideration for acceptance into the DETRR Program (Level One), I waive my right to speedy trial for the charge(s) pending in the above-referenced case(s) under the Constitution of the United States of America, under the Constitution of the State of Florida, and under the Florida Rules of Criminal Procedure.
- I stipulate and agree that this Agreement shall in no way operate as a contract for immunity from prosecution for the charge(s) pending in the above-referenced case(s), and that should I fail to comply with the terms and conditions of this Agreement, the State will terminate me from the program, and prosecution will be reinstated.
- I understand that I must reside in Hillsborough County, Florida while I am in enrolled in this program.
- I will not be arrested for any new law violations while participating in the DETRR Program (Level One). If I am arrested for a new law violation at any time prior to the dismissal of the charge(s) pending in the above-referenced case(s), the State will unsuccessfully discharge me from the program and prosecution will be reinstated. For purposes of this Agreement, an arrest is defined as a physical arrest, the issuance of a notice to appear or criminal traffic citation, or a summons to appear on a criminal charge.
- I stipulate and agree that while in the DETRR Program (Level One), I remain on pretrial release. If I commit a new law violation at any time prior to the dismissal of the charge(s) pending in the above-referenced case(s), my pretrial release may be revoked pursuant to Section 903.0471, Florida Statutes, upon motion by the Office of the State Attorney.
- I understand that for purposes of monitoring by the Florida Department of Corrections, I will be on Administrative Probation.
- I also understand that my bond status may be affected if I am arrested while I am on Administrative Probation.
- I understand that I am encouraged to participate in any substance abuse treatment program(s), of my own choosing, available in the community, and that participation in any such treatment program(s) shall be on a voluntary basis. Furthermore, I understand that my progress in any substance abuse treatment program shall not prevent me from being successfully terminated from the DETRR Program (Level One) upon expiration of the six (6) month DETRR Program period, if all other terms and conditions of the Agreement are satisfied.
- I will remain in the program until the Office of the State Attorney determines that I have successfully completed all conditions of the program but in any event, no longer than a period of six (6) months from the day the contract is signed by all parties.
- I will pay $52 through the Florida Department of Corrections for a one-time monitoring fee.
- If represented by the Office of the Public Defender, I will pay $100 to the Clerk of Court for attorney’s fees and costs.
- I will pay $100 to the Clerk of Court for the Office of the State Attorney’s cost of prosecution.
- I will pay $70 to the Clerk of Court for the investigative cost incurred by HCSO |||, a law enforcement agency within Hillsborough County.
- I will pay $50 to the Clerk of Court for the Hillsborough County Drug Education Trust Fund.
- I will pay $12 to the Clerk of Court for a processing fee.
- I will finish paying all fees and costs in paragraphs 11, 12, 13, 14, 15, and 16, 30 days prior to the completion of this agreement.
- I understand that I will be responsible for any monetary fees incurred for evaluation and treatment by a community treatment provider.
- I further agree that all monies paid through participation in the DETRR Program (Level One) shall be forfeited if I fail to meet the terms and conditions of this Agreement.
- It is stipulated and agreed that the decision of the Office of the State Attorney regarding compliance with the requirements of the DETRR Program (Level One) shall be final and shall not be reviewable by any court.
ACKNOWLEDGEMENT, AGREEMENT AND ACCEPTANCE OF
STATE ATTORNEY’S OFFICE DRUG EDUCATION AND TREATMENT
REDUCING RECIDIVISM (DETRR) PROGRAM (LEVEL ONE)
I hereby acknowledge that I have read this Agreement, understand all the terms and conditions of this Agreement, and agree to abide by all the terms and conditions of this Agreement. I hereby further acknowledge that I have been provided with a copy of this Agreement.
Signature of Defendant
Signature of Defense Counsel
On behalf of Andrew H. Warren, State Attorney, the undersigned Assistant State Attorneys hereby agrees to all the terms and conditions of this Agreement.
Signature of Assistant State Attorney
Signature of Division Chief
This article was last updated on Monday, September 12, 2020.