Pretrial Diversion and Alternative Sentencing Programs in Duval County
Not every criminal case needs to end with a conviction. Duval County and the Fourth Judicial Circuit offer several pretrial diversion and alternative sentencing programs that can result in charges being dismissed entirely or reduced to a lesser offense, keeping your criminal record clean.
In 2025, John Phillips was named one of the Top 200 Lawyers in America and one of the Top 20 Lawyers in Florida by the Forbes Editorial Board — editorial and peer-reviewed, not pay-to-play. He holds the third-most state bar licenses of any attorney in the country and has been called “the best lawyer in America” by famed attorney Robert Shapiro.
Pretrial Intervention Program (PTI)
Florida’s Pretrial Intervention Program, authorized under Section 948.08, Florida Statutes, allows eligible defendants charged with certain non-violent felonies and misdemeanors to complete a supervised program in lieu of prosecution. Requirements typically include community service, restitution payments, counseling or substance abuse treatment, regular check-ins with a supervision officer, and maintaining employment or enrollment in school. Upon successful completion, the State Attorney dismisses the charges. PTI is not an admission of guilt, and defendants who complete the program may be eligible to have the arrest record expunged under Section 943.0585.
Drug Court and Veterans Treatment Court
Duval County operates specialized Drug Court and Veterans Treatment Court programs designed to address the underlying causes of criminal behavior rather than simply imposing incarceration. Drug Court provides intensive substance abuse treatment, regular drug testing, judicial supervision, and graduated sanctions for non-compliance. Veterans Treatment Court serves veterans and active-duty service members facing criminal charges related to service-connected conditions such as PTSD, traumatic brain injury, or substance use disorders. Both programs can result in dismissed charges or reduced sentences upon successful completion. Attorney John Phillips evaluates every client’s eligibility for these programs as part of our comprehensive defense strategy.
Withhold of Adjudication
Even when a plea or conviction is likely, Florida law allows judges to withhold adjudication of guilt in many cases, meaning the defendant is found guilty but not formally convicted. Under Section 948.01, Florida Statutes, a withhold of adjudication avoids many of the collateral consequences of a criminal conviction — including the loss of civil rights, professional licensing disqualification, and the ability to truthfully answer “no” to most questions asking whether you have been convicted of a crime. However, the 2023 legislative session imposed new limitations on judicial discretion to withhold adjudication for certain offenses, making experienced legal counsel more important than ever in securing this outcome.
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When Your Freedom Is at Stake, You Need a Trial Lawyer Who Has Been There
Being arrested changes everything in an instant. Your job, your family, your reputation, your liberty — all of it hangs in the balance. The criminal justice system is designed to prosecute, not to protect you. Without an experienced criminal defense attorney standing between you and the full weight of the State of Florida, the consequences can be devastating and permanent.
At Phillips, Hunt & Walker, we defend clients facing criminal charges throughout Jacksonville and Northeast Florida. Our founding attorney, John M. Phillips, is Board Certified by The Florida Bar in Civil Trial Law — a distinction held by fewer than 1% of Florida attorneys. While Board Certification in Civil Trial is primarily an indicator of courtroom mastery, what matters to our criminal defense clients is this: we are not afraid of a courtroom. We have tried cases to verdict, faced down prosecutors, and stood in front of juries when everything was on the line.
We believe that every person accused of a crime deserves aggressive, competent representation — regardless of the charge, regardless of the circumstances. The Constitution guarantees it. We enforce it.
Criminal Charges We Defend in Jacksonville
Our criminal defense attorneys handle a wide range of charges in Florida state courts, federal court in the Middle District of Florida, and municipal courts throughout Duval, Clay, St. Johns, Nassau, and Baker Counties.
Felony Charges
Felony convictions in Florida carry prison sentences, permanent criminal records, and the loss of civil rights including voting and firearm ownership. Florida Statutes § 775.082-775.084 establish sentencing ranges from 5 years (third-degree felony) to life imprisonment. We defend clients charged with aggravated assault and battery, robbery and burglary, drug trafficking and distribution, weapons offenses and felon in possession, white-collar crimes including fraud, embezzlement, and forgery, sex crimes and offenses requiring registration, homicide and manslaughter, and violations of probation on felony cases. Every felony case in our office receives immediate attention because early intervention — before formal charges are filed — can make the difference between a prison sentence and a dismissal.
DUI and Driving Offenses
Florida’s DUI laws under § 316.193 carry mandatory minimum sentences that increase dramatically with each subsequent offense. A first DUI can mean up to six months in jail, a $1,000 fine, and license revocation. A fourth DUI is a felony punishable by up to five years in state prison. We challenge every element: the initial stop, the field sobriety exercises, the breath or blood test, and the officer’s training and compliance with FDLE standards. We handle first-offense DUI, felony DUI (third or subsequent offense), DUI with serious bodily injury (a second-degree felony), DUI manslaughter, BUI (boating under the influence), and driver’s license suspension hearings at the DHSMV, where you have only 10 days from arrest to request a formal review hearing.
Drug Crimes
Florida imposes some of the harshest drug penalties in the country. Under § 893.13 and the trafficking statutes at § 893.135, mandatory minimum sentences apply based on weight — 25 grams of cocaine triggers a 3-year mandatory minimum; 200 grams triggers 7 years with a $100,000 fine. We defend clients charged with simple possession, possession with intent to sell or distribute, drug trafficking at all weight thresholds, prescription fraud and doctor shopping, manufacturing and cultivation, and federal drug conspiracy under 21 U.S.C. § 841. Our defense strategies include challenging the legality of the search and seizure under the Fourth Amendment, contesting constructive possession, examining lab analysis and chain of custody, and pursuing substantial assistance or safety valve departures where appropriate.
Domestic Violence
Domestic violence charges under § 741.28 carry unique consequences in Florida. A conviction means a permanent criminal record that cannot be sealed or expunged, a mandatory minimum of one year of probation, completion of a 29-week Batterers’ Intervention Program, and the loss of your right to possess firearms under both state and federal law (18 U.S.C. § 922(g)(9)). We understand that these cases are often complex, involving heightened emotions, false accusations, mutual combat situations, and self-defense claims that the initial responding officers may not fully investigate. We fight for dismissals, reduced charges, and diversion programs where the evidence supports it.
Juvenile Offenses
When a child is arrested, the stakes are different but equally serious. Florida law allows the State to “direct file” certain juvenile cases into adult court, exposing children as young as 14 to adult prison sentences. Our firm has represented children in the justice system and fought for outcomes that protect their futures — diversion programs, withheld adjudications, and sealed records that prevent a childhood mistake from becoming a lifelong burden.
Federal Criminal Cases
Federal criminal charges carry significantly higher sentences than state cases, with Federal Sentencing Guidelines that are complex and often punitive. There are no gain-time credits in the federal system — a 10-year sentence means 10 years minus only 54 days per year of “good time.” We defend federal cases including drug conspiracies, firearms offenses under 18 U.S.C. § 922, wire fraud and mail fraud, healthcare fraud, bank fraud and financial crimes, immigration offenses, and RICO and organized crime charges.
The Phillips, Hunt & Walker Approach to Criminal Defense
Too many criminal defense attorneys operate on a volume model — hundreds of cases, quick plea deals, minimal investigation. That is not how we practice. Our approach to every criminal case includes the following commitments:
Immediate Response. When you or a loved one is arrested, time is critical. Evidence disappears. Witnesses forget. Surveillance footage is overwritten. We respond immediately to preserve your defense.
Thorough Investigation. We do not rely solely on the State’s evidence. We hire investigators, subpoena records, interview witnesses, inspect physical evidence, and retain expert witnesses when the case demands it. In DUI cases, we obtain and analyze the maintenance records for the Intoxilyzer 8000 machine. In drug cases, we challenge the search warrant affidavits line by line.
Pre-Filing Advocacy. In many cases, the most effective advocacy happens before formal charges are filed. We present evidence and arguments directly to prosecutors during the charging decision, and we have successfully prevented charges from being filed in cases ranging from DUI to assault.
Aggressive Motion Practice. We file motions to suppress illegally obtained evidence, motions to dismiss based on speedy trial violations, motions challenging the sufficiency of the charging document, and every other motion that the facts and law support. Many cases are won at the motion stage — before a jury is ever selected.
Trial Readiness. Every case we take is prepared as if it is going to trial. The State knows the difference between a defense attorney who will try a case and one who is looking for a plea. That distinction matters at every stage of the case — from bond hearings to plea negotiations to sentencing.
Your Constitutional Rights During a Criminal Investigation
Understanding your constitutional rights is the first line of defense in any criminal case. Law enforcement officers in Jacksonville and throughout Florida are bound by both the United States Constitution and the Florida Constitution, and violations of these protections can result in evidence being excluded from your case entirely.
The Right to Remain Silent
The Fifth Amendment protects you from being compelled to incriminate yourself. In Florida, this protection is reinforced by Article I, Section 9 of the Florida Constitution. After an arrest, law enforcement must advise you of your Miranda rights before conducting a custodial interrogation. If officers fail to provide these warnings, or if they continue questioning after you invoke your right to silence, any statements you make may be suppressed and excluded from evidence at trial. Our defense team carefully examines every interrogation to identify Miranda violations and other constitutional breaches.
Protection Against Unreasonable Searches and Seizures
The Fourth Amendment — and Article I, Section 12 of the Florida Constitution — protects you from unreasonable searches and seizures by the government. In most cases, law enforcement must obtain a warrant supported by probable cause before searching your home, vehicle, or personal effects. There are limited exceptions, such as consent searches, searches incident to arrest, and exigent circumstances, but these exceptions are narrowly defined. If police conducted an illegal search in your case, a motion to suppress under Florida Rule of Criminal Procedure 3.190(g) can prevent that evidence from being used against you. Winning a suppression motion can effectively dismantle the prosecution’s case.
The Right to Counsel
The Sixth Amendment guarantees your right to an attorney at all critical stages of a criminal proceeding. In Florida, this right attaches at the time of your first appearance before a judge. You have the right to have an attorney present during questioning, during lineup identifications, at arraignment, at trial, and at sentencing. If you cannot afford an attorney, the court will appoint a public defender — but many defendants find that retaining private counsel provides the individualized attention and resources that complex cases demand. At Phillips, Hunt & Walker, we are available to our clients around the clock because criminal cases do not follow business hours.
What Are the Penalties for Criminal Charges in Florida?
Florida classifies criminal offenses into misdemeanors and felonies, each carrying distinct ranges of penalties that a judge may impose upon conviction. Understanding these ranges is critical because they shape every strategic decision your defense attorney makes — from whether to negotiate a plea to how aggressively to push for trial.
Misdemeanors are divided into two degrees under Florida law. A second-degree misdemeanor carries up to 60 days in county jail and a $500 fine. A first-degree misdemeanor — which includes charges like simple battery, petit theft, and first-offense DUI — carries up to one year in county jail and a $1,000 fine. While these may sound modest compared to felony penalties, a misdemeanor conviction still creates a permanent criminal record that can affect employment, housing, professional licensing, and immigration status.
Felonies in Florida range across five degrees. A third-degree felony (such as grand theft over $750, certain drug possession charges, or aggravated assault) carries up to five years in state prison and a $5,000 fine. A second-degree felony — including charges like robbery, aggravated battery, and trafficking in certain controlled substances — carries up to 15 years in prison and a $10,000 fine. A first-degree felony carries up to 30 years, while a life felony can result in a life sentence. Capital felonies carry the possibility of life imprisonment without parole or, in limited circumstances, the death penalty.
Florida also imposes mandatory minimum sentences for certain offenses. The 10-20-Life law requires minimum prison terms when a firearm is used during the commission of a felony: 10 years for possessing a firearm, 20 years for discharging it, and 25 years to life if someone is injured or killed. Drug trafficking charges carry their own mandatory minimums based on the type and weight of the substance involved. These mandatory sentences strip judges of discretion, making pretrial defense strategy — including challenging the evidence, questioning the weight calculations, or negotiating charges down below the mandatory threshold — absolutely essential.
Beyond incarceration and fines, Florida criminal convictions can trigger collateral consequences including loss of voting rights for felony convictions, sex offender registration requirements, driver’s license suspension or revocation, immigration consequences for non-citizens, and loss of the right to possess firearms. Phillips, Hunt & Walker evaluates every potential consequence — not just the immediate sentence — when building your defense strategy.
Protecting Your Record: Sealing and Expungement in Florida
A criminal record follows you long after a case is resolved. Even if charges were dropped or you were found not guilty, the arrest itself remains visible in background checks unless you take affirmative steps to seal or expunge it. Florida law provides two distinct remedies, and understanding the difference matters.
Expungement under Florida Statute 943.0585 physically destroys the criminal history record. Once expunged, the record is removed from the Florida Department of Law Enforcement database, and in most circumstances you can lawfully deny that the arrest ever occurred — including on job applications and housing forms. Expungement is generally available when charges were dropped by the State Attorney, dismissed by the court, or resulted in a not guilty verdict, and when you have no prior criminal record.
Sealing under Florida Statute 943.059 does not destroy the record but restricts public access to it. A sealed record is still accessible to law enforcement, certain government agencies, and specific employers (such as those in healthcare, education, and law enforcement). Sealing is available in some situations where expungement is not — for example, when you entered a pretrial diversion program or received a withhold of adjudication on certain charges.
Both remedies require a petition to the court, a certificate of eligibility from the Florida Department of Law Enforcement, and a waiting period. The process typically takes three to six months from start to finish. Importantly, Florida generally limits you to one sealing or expungement in your lifetime, so getting it right the first time is critical. Our attorneys handle the entire process — from determining eligibility through filing the petition and attending the hearing — so that your past does not define your future.
The Criminal Court Process in Duval County
If you have been arrested in Jacksonville, your case will be prosecuted in the Fourth Judicial Circuit, which covers Duval, Clay, and Nassau Counties. Understanding how the criminal court process works in this jurisdiction helps you know what to expect and why having experienced local counsel matters at every stage.
Arrest and First Appearance. After an arrest, you will be booked at the Duval County jail and typically brought before a judge within 24 hours for a first appearance hearing. At this hearing, the judge sets bail, reviews the probable cause affidavit, and appoints counsel if you cannot afford an attorney. Phillips, Hunt & Walker can intervene at this stage to argue for reduced bond or release on your own recognizance, which is especially important for defendants who need to maintain employment and family obligations while their case is pending.
Arraignment and Pretrial. At arraignment, you enter a formal plea — typically not guilty, which preserves all of your defense options. The pretrial phase is where the most critical defense work happens. Your attorney will file motions to suppress illegally obtained evidence, challenge the legality of traffic stops and searches, depose witnesses, subpoena records, and negotiate with the State Attorney’s office. In Duval County, pretrial conferences are scheduled regularly, and an attorney who knows the local prosecutors and judges can leverage those relationships to your advantage.
Plea Negotiations and Diversion Programs. Not every case needs to go to trial. The State Attorney’s Office for the Fourth Judicial Circuit offers pretrial intervention programs for certain first-time offenders, drug court for defendants with substance abuse issues, and veterans court for eligible military service members. Successful completion of these programs can result in charges being dismissed entirely. Our attorneys evaluate whether a diversion program serves your interests or whether the facts of your case warrant fighting the charges at trial.
Trial. If your case proceeds to trial, you have the right to a jury trial for any charge that carries more than six months of potential incarceration. Phillips, Hunt & Walker has decades of trial experience in Duval County courtrooms. We know how to select a jury, cross-examine law enforcement witnesses, challenge forensic evidence, and present compelling closing arguments. Our Board Certified trial experience means we are not afraid to take your case to verdict when the State’s evidence is weak or your rights have been violated.
Sentencing and Appeals. If convicted, Florida’s Criminal Punishment Code uses a scoresheet system to calculate a recommended sentence range. Judges may depart downward from the guidelines in certain circumstances, and your attorney’s ability to present mitigating evidence — employment history, family responsibilities, mental health treatment, community ties — can make the difference between prison and probation. If errors occurred during the trial, Phillips, Hunt & Walker also handles direct appeals and post-conviction motions to protect your rights.
Federal Criminal Defense in Jacksonville
Jacksonville is home to the United States District Court for the Middle District of Florida, which handles federal criminal prosecutions. Federal cases differ significantly from state cases in their procedures, sentencing guidelines, and the resources the government brings to bear. Federal agencies including the FBI, DEA, ATF, IRS Criminal Investigation Division, and the U.S. Secret Service investigate cases that are then prosecuted by Assistant United States Attorneys — career prosecutors with substantial resources and experience.
Common federal charges prosecuted in Jacksonville include drug trafficking and conspiracy, wire fraud and mail fraud, healthcare fraud, firearms offenses (particularly violations of federal felon-in-possession laws), tax evasion, money laundering, and immigration-related offenses. Federal sentencing is governed by the United States Sentencing Guidelines, which calculate a recommended sentence range based on the offense level and the defendant’s criminal history category. While judges are no longer bound by these guidelines following the Supreme Court’s decision in United States v. Booker, they remain the starting point for every federal sentence.
Phillips, Hunt & Walker represents clients in federal court with the same aggressive, detail-oriented advocacy we bring to state cases. Federal investigations often begin long before an arrest, and early intervention by experienced counsel can sometimes prevent charges from being filed at all. If you have been contacted by a federal agent, received a target letter, or learned that you are the subject of a federal grand jury investigation, call us immediately. The decisions you make in the early stages of a federal investigation can determine the outcome of your entire case.
Why Phillips, Hunt & Walker for Criminal Defense?
Board Certified Trial Lawyer. John Phillips is Board Certified by The Florida Bar — a credential that reflects hundreds of hours of courtroom experience, peer review, and examination. Prosecutors know when they are dealing with a lawyer who will go to trial.
$500 Million+ Recovered in Civil Cases. Our track record in civil trial work — including a $495 million jury verdict — demonstrates our ability to persuade juries. That same skill set applies when we are defending your liberty in a criminal courtroom.
We Answer the Phone. Criminal emergencies do not happen during business hours. When you call Phillips, Hunt & Walker, you reach a human being — 24 hours a day, 7 days a week, at (904) 444-4444.
No Judgment. Just Defense. We have defended clients accused of the full spectrum of criminal offenses. We do not judge our clients — we defend them. Everyone deserves their day in court, and everyone deserves a lawyer who will fight for them.
Frequently Asked Questions About Criminal Defense in Jacksonville
What should I do if I am arrested in Jacksonville?
The single most important thing you can do after an arrest is exercise your right to remain silent and request an attorney. Under the Fifth Amendment to the United States Constitution and Article I, Section 9 of the Florida Constitution, you are not required to answer questions from law enforcement beyond providing your name and identification. Do not consent to searches. Do not discuss the facts of your case with anyone other than your attorney. Contact a criminal defense lawyer as soon as possible — ideally before your first appearance hearing, which in Duval County typically occurs within 24 hours of arrest at the Duval County Courthouse.
How much does a criminal defense attorney cost in Jacksonville?
Attorney fees vary based on the complexity of the case, the severity of the charges, and whether the case goes to trial. A simple misdemeanor may cost significantly less than a multi-count felony requiring months of preparation. At Phillips, Hunt & Walker, we offer a free initial consultation so that we can evaluate your case, explain the potential outcomes, and provide a transparent fee structure before you commit. We believe that everyone deserves quality representation, and we work with clients to find a path forward regardless of financial circumstances.
What is the difference between a misdemeanor and a felony in Florida?
Under Florida law, misdemeanors are criminal offenses punishable by up to one year in the county jail, while felonies carry potential sentences of more than one year in state prison. Misdemeanors are further classified as second degree (up to 60 days in jail) and first degree (up to one year). Felonies range from third degree (up to five years in prison) through second degree (up to 15 years), first degree (up to 30 years), life felonies, and capital felonies. The classification of your charge determines not only the potential sentence but also the long-term consequences for your record, employment, and civil rights.
Can a criminal charge be dropped or dismissed before trial?
Yes. There are many reasons charges may be reduced or dismissed before trial. The State Attorney may determine that the evidence is insufficient to prove the case beyond a reasonable doubt. Your defense attorney may file a motion to suppress evidence obtained in violation of your constitutional rights — for example, evidence from an unlawful search or statements taken without proper Miranda warnings. In some cases, successful completion of a pretrial diversion program leads to dismissal of charges. An experienced defense lawyer evaluates every angle from the moment of engagement and works to achieve the best possible resolution as early as possible.
Will a criminal arrest show up on my background check even if the charges are dropped?
In Florida, an arrest record can appear on background checks even if charges are never filed or are later dismissed. This is one reason why record sealing and expungement are so important. Under Florida Statutes Section 943.0585 (expungement) and Section 943.059 (sealing), eligible individuals can petition the court to have their records sealed or expunged, effectively removing them from most public background checks. Certain agencies — such as law enforcement and the Florida Bar — retain access to sealed or expunged records, but for most employment, housing, and licensing purposes, a sealed or expunged record does not need to be disclosed.
How long does a criminal case take in Duval County?
The timeline varies significantly depending on the type and complexity of the case. A simple misdemeanor may resolve within a few weeks if a plea agreement is reached early. More complex felony cases involving extensive discovery, expert witnesses, or multiple defendants can take six months to a year or longer. Florida\’s speedy trial rules generally require that a misdemeanor be brought to trial within 90 days and a felony within 175 days of arrest, though these periods can be waived or extended under certain circumstances. Throughout the process, your attorney should be keeping you informed and working to move the case toward the strongest possible outcome.
Contact a Jacksonville Criminal Defense Attorney Now
If you or someone you love has been arrested or is under investigation for a criminal offense in Jacksonville, Northeast Florida, or Southeast Georgia, call Phillips, Hunt & Walker immediately at (904) 444-4444. We offer free initial consultations for criminal defense matters. Time is critical — call now.
Related Practice Areas
Phillips, Hunt & Walker defends the accused and also fights for the injured across Jacksonville. Many criminal cases intersect with civil matters — if you are facing charges related to a domestic dispute, our family law and divorce attorneys can protect your interests on both fronts. When criminal conduct causes serious injury or death, our personal injury team pursues civil accountability alongside the criminal process. To learn more about the full range of legal services we offer, call (904) 444-4444.