Options for First Offense Drug Offenders

By: John Guidry II

Orange County and Osceola County have a new drug diversion program. Even though I use the term “diversion”, the prosecutor’s office in Orange and Osceola now calls this PTI, pretrial intervention. They change the name so often, that I’m sure the name will change by the time you read this. But, the concept and the program remains the same.

This PTI intervention program is targeted at the folks that are first offenders, but a few little scatterings of a criminal history won’t kill you on this deal, but you’re new to the drug arrest scene and if you qualify–you can get your case dropped.

That’s what “diversion” means: do a few things, qualify = case dismissed, case dropped. I think everybody wants their case dropped, this is one way to do it.

Orange and Osceola Counties have three levels to their new drug diversion program, so I want to briefly run down the three levels with you.

Level One is mostly for misdemeanor weed charges. This is the easiest diversion program I’ve seen in my over 30 years of defending criminal cases. It is an online program that takes 90 days to complete, and then your case gets dropped.

For Level One, you won’t be supervised in person. All you have to do is hop online with the login information provided to you by your defense attorney (we get it from the prosecutor once they’ve fully accepted you into the program). You will be required to take a drug evaluation to make sure you don’t have any sort of drug problem, and you’ll have to do a few hours of community service, plus take a class or two. But most of this is online, so I’ve even had out of country clients complete the program.

Level Two in this program is also wonderful. Level Two is devoted to felony drug charges. I mean possession of cocaine, possession of heroin, possession of meth, Xanax, and any other felony drug you can think of–its covered under Level Two diversion.

So, you Level 2 folks aren’t getting away with the online supervision that the weed people got away, with but you’re not doing half bad. Level Two intervention lasts anywhere from 6 – 12 months and it is supervised by the Department of Corrections (their probation offices and probation officers, basically).

The Level Three diversion, by the way, you’ve heard about this (or maybe you haven’t), but Level Three diversion is just the old Drug Court program that we’ve always had. Drug Court is one of the best drug treatment programs on Earth except that, if you don’t need drug treatment then its kind of torture. The drug court program will determine whether or not you belong there. Some people don’t belong getting treatment. Other people have a problem with drugs and they do need treatment. I’m not qualified to determine whether you have a problem or not but that’s why they have certified counselor folks that ask you a bunch of questions and figure out whether you can or cannot get into the drug court program in Orange and Osceola County.

Those are the three levels of Orange County and Osceola County’s new drug diversion programs. I encourage you to talk to your lawyer about it and if its a good fit–get into one of these things, take advantage before they’re gone.

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.