Q: What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite?
What happens if I am eligible for a pretrial diversion program and the "victim" doesn't consent out of spite? Do I have a way around this?
A: See Florida Statute 948.08(2). The Victim MUST consent to a defendant entering Pretrial Diversion. Whether the victim refuses to consent out of spite is irrelevant. Also, neither the defendant nor the defendant's immediate family is allowed to contact the victim or the victim's immediate family regarding the issue. It is important to get an attorney to handle this. I have had cases where the victims refused to consent, and I was able to contact them and discuss the issue further, which resulted in the client's admission into the program. Usually, the state attorney asks the victim how they feel about it, and, honestly, I don't think most state attorneys delve into the issue enough - the victim says 'no', and the state attorney says 'okay'.
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