Miami Mental Health Diversion Programs
If you or a loved one was arrested in Miami during a mental health crisis, Florida law may allow the case to be diverted into treatment instead of traditional prosecution. Miami cases are generally handled in Miami-Dade County courts — this guide explains how diversion works there, who qualifies, and what happens after.
Florida law that applies in Miami
Fla. Stat. § 394.47892 — Mental health court programs.
- Fla. Stat. § 948.08 (pretrial intervention)
- Fla. Stat. § 948.01695
Citations pending attorney review.
How a Miami case moves into diversion
- 1. Arrest & booking. After a Miami arrest, the case is filed with Miami-Dade County prosecutors. Jail mental health staff may flag a condition at intake.
- 2. Defense request. Your attorney gathers treatment records and asks the court or prosecutor for diversion or mental health court referral.
- 3. Evaluation & plan. A clinician confirms the diagnosis and proposes a treatment plan for the court to review.
- 4. Supervision. You follow the plan with regular check-ins with the Miami-Dade County court or program staff.
- 5. Dismissal. Successful completion can lead to dismissed charges and possible record sealing.
Who may qualify in Miami
Courts commonly consider a diagnosed condition such as bipolar disorder, schizophrenia, PTSD, or major depression; whether it contributed to the alleged offense; whether treatment is likely to help; and public safety. Veterans may also be eligible for veterans treatment court where available. For the full Florida breakdown, see the Florida diversion guide.
Miami diversion FAQs
Does Miami have a mental health diversion program?
Criminal cases from Miami are typically heard in Miami-Dade County courts, where diversion is governed by Fla. Stat. § 394.47892 (Mental health court programs) and local court and prosecutor policy. Availability depends on the charge and program capacity — a local defense attorney can confirm current options.
Where are Miami criminal cases heard?
Most Miami arrests are prosecuted in the Miami-Dade County criminal courts. Some minor offenses may go through municipal court. Mental health court dockets, where available, are usually run at the county level.
Who qualifies for mental health diversion in Miami?
Courts commonly look for a diagnosed mental health condition (bipolar disorder, schizophrenia, PTSD, major depression, and others) that played a role in the offense, a treatment plan likely to help, and no unreasonable public safety risk. Some serious or violent charges may be excluded under Florida law.
Can felony charges in Miami be diverted?
It depends on Florida law and the specific charge. Some Florida programs accept certain felonies; others are limited to misdemeanors. A Miami diversion lawyer can review whether your charge is eligible.
What happens if I complete diversion in Miami?
Successful completion of a Florida diversion program often leads to dismissal of the charges, and may open the door to sealing or expungement of the arrest record.
How do I find a mental health diversion lawyer in Miami?
Look for a criminal defense attorney who regularly practices in Miami-Dade County courts and has handled diversion or mental health court cases. You can request a match through this site at no cost.