Judge Sentences McDowell to Death for Murder of Dep. Joshua Moyers
Smart Justice
Smart Justice
“Smart justice” is a term that encompasses many criminal justice concepts. At the SAO4, our smart justice approach is designed to provide alternatives that are more fair, more cost effective, and more impactful than traditional incarceration, as well as efforts to return power to victims.
Several types of adult diversionary programs exist in the Fourth Judicial Circuit that are designed for offenders who meet certain criteria.
Learn About Juvenile Justice & Diversion in Duval County
Problem-Solving Courts
Problem-Solving Courts are offered for minor, non-violent offenders who qualify. The programs provide support services like counseling, medication, and therapy to help rehabilitate offenders.
Drug Court
The Drug Court Program is designed for defendants who have been arrested for offenses involving the purchase of drugs, possession of drugs and non-violent felonies that have been deemed drug-related. To be accepted into this program, defendants must meet specific criteria and undergo an intensive interview and screening process.
The Drug Court Program offers offenders an additional opportunity to make changes in their lives and reduces incarceration levels. At a minimum, it is a 12-month program.
The Drug Court Program consists of an intensive, level-based treatment program with random drug testing, counseling, case management, and regular court appearances. Defendants who successfully complete the Drug Court Program through diversion are eligible to have their charges dismissed. Defendants who fail to satisfy program requirements face legal action through prosecutorial review.
For more information on Duval County Drug Court visit https://bit.ly/3seOJDc.
For more information on Clay County Drug Court, visit https://bit.ly/3s5z1KH.
Mental Health Court
Mental Health Court is a collaborative approach with community service providers to assist those with mental health issues obtain treatment services as a cost-effective alternative to incarceration.
The program links offenders with chronic and persistent mental illness or co-occurring disorders with community-based treatment for, at minimum, a 12-month period.
Final determination of entry into the program is made by a judge with recommendations from the State Attorney’s Office, Public Defender’s Office, Mental Health Court staff, and treatment providers.
Mental Health Court is an intensive level-based treatment program with random drug testing, case management, and regular court appearances. Clients are seen by their psychiatrist in the community or the assigned case manager assists them in obtaining a psychiatrist for updated psychiatric evaluation and medication management.
Once the defendant has successfully completed the program, charges are dismissed. However, if the defendant fails to satisfy the program requirements, they face legal action through prosecutorial review.
For more information on Duval County Mental Health Court, visit https://bit.ly/49fft71.
For more information on Nassau County Mental Health Court, visit https://bit.ly/46OEKU1.
Veterans Treatment Court
Veterans Treatment Court is a nationally recognized program designed to provide essential substance abuse treatment services, mental health services, or both to current and former military service members who have been arrested for a criminal offense.
One goal of the program is to divert veterans from incarceration and into treatment when there is a relationship between the offense or diagnosis and the veteran’s military service.
The court-supervised, comprehensive treatment program utilizes a collaborative approach including drug and alcohol testing, regular court appearances, and educational opportunities intended to provide the participants with the skills necessary to maintain a clean and sober lifestyle and reconnect with their families and community.
By coordinating with the Department of Veteran Affairs (VA), Veterans Treatment Court provides eligible veterans the opportunity to receive specialized substance abuse and mental health treatment services, one-on-one veteran peer mentor support, and assistance in gaining access to veteran health care and benefits from the VA.
Services are provided through outpatient services. However, residential (in-patient) services also are available to those participants who need a higher level of treatment.
For more information on Duval County Veterans Treatment Court, click HERE.
For more information on Clay County Veterans Treatment Court, click HERE.
For more information on Nassau County Veterans Treatment Court, click HERE.
What is a Diversion Program?
The State Attorney's Office maintains several diversionary programs designed to render speedy justice without involvement in the traditional court system.
These programs provide victims with a responsive forum to address a loss, to avoid arrest and prosecution of the defendant in appropriate situations, and to bring the case to a conclusion as rapidly as possible in a cost-effective manner.
Diversionary hearings are conducted by specially trained volunteers who serve as mediators or hearing officers. It is a highly technical and professional position with the volunteers administering work hours, restitution, and acting as a referral source in a quasi-judicial atmosphere.
Since their inception, these programs have resulted in thousands of hours of community service and millions of dollars in restitution paid to victims of crime.
Deferred Prosecution
A deferred prosecution is an agreement between the person who is charged with a crime and the State Attorney’s Office. This agreement requires that, within a specified period of time, the person charged with a crime will complete all requirements in the agreement. Once those requirements or sanctions are completed and proof of the completion is provided to the State in the time required, the State Attorney’s Office will drop the charges against the accused.
How do I get an extension to complete my deferred prosecution?
You may not have an extension of time. Please be sure to have the deferred prosecution sanctions completed by the deadline given.
Who can call to ask questions about my deferred prosecution?
We will only provide answers about your case to you or your attorney.
I have been required to complete one of the following: Milepost, Anger Management, Substance Abuse Evaluation and Treatment, or Mental Health Evaluation or Treatment, but I live out of town or out of state. What should I do?
You may complete a similar program or evaluation in your area and provide proof of completion of that program or evaluation and treatment. Contact Milepost through their website (www.acfmileposts.org) or telephone number (800) 582-2799 to help find one in your area.
Once I complete the deferred prosecution and provide proof of completion to the State Attorney’s Office, what will happen with my case?
If you have no further violations of the law during the deferred prosecution period and provide proof of completion, the charges against you will be dropped or dismissed by the State Attorney’s Office. The case and charges will still be on your record; however, it will show that the charges against you were dropped. If you would like to have the charges removed completely from your record, you must have the charges expunged. For expunction information, including eligibility, visit https://www.fdle.state.fl.us/Seal-and-Expunge-Process.
When is my deferred prosecution supposed to be complete?
You must provide proof of compliance to our office one month before the end of your deferred prosecution period. If you have a four-month deferred prosecution agreement, have all proof to our office in three months from the date the agreement was signed. If you have a six-month deferred prosecution agreement, have all proof to our office in five months from the date the agreement was signed.
Diversion Programs
Pre-trial Intervention Program (PTI)
Pre-trial Intervention Programs are primarily designed for first-time adult offenders who meet specific criteria. Participants sign a deferred prosecution agreement with specified requirements. Requirements could include completing community service hours, paying restitution, and/or participating in counseling. The offender’s progress is monitored throughout the duration of the program.
Upon successful completion of the program, charges are dismissed. Failure to complete the conditions required in the program contract results in prosecutorial review and appropriate legal action.
Restitution Enforcement Program (REP)
Since the abolishment of the Municipal Court System, city and state government agencies have had an increasingly difficult time dealing with municipal code violators. The Restitution Enforcement Program (REP) began as support for city and state agencies to alleviate the cumbersome court process. The most commonly handled municipal ordinance violations are health code violations.
The program also handles economic crimes such as public assistance fraud, unemployment compensation fraud, failure to remit sales tax fraud, and certain types of theft and forgery cases. Defendants sign a deferred prosecution agreement and agree to pay restitution. Prosecution is deferred until all conditions of the agreement are met, with a maximum period of deferment of 36 months.
A program participant must fulfill all conditions of the deferred prosecution agreement to avoid prosecution. Failure to do so results in the case being referred to a prosecutor for review and possible prosecution.
KEYS 2 Drive
The State Attorney’s Office in coordination with the courts, Clerk of Court in Nassau County, and law enforcement launched the KEYS 2 Drive program to help certain traffic offenders obtain a valid driver’s license.
The program is available to criminal defendants who are currently charged with a misdemeanor Driving While License Suspended or Revoked (Section 322.34 Florida Statute) or No Valid Driver’s License (Section 322.03).
The goal of KEYS 2 Drive is simple: To help citizens obtain a valid driver’s license and put them back on the road safely and legally.
A valid driver’s license helps put people on the path to greater personal and economic success.
Download a step-by-step graphical representation of the program:
KEYS 2 Drive Brochure
This program is currently only available in Nassau County. See more about the program at our dedicated webpage:
https://www.sao4th.com/about/programs-and-initiatives/keys-2-drive-program/
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Adult Diversion Program Payments IMPORTANT: THE ONLY PAYMENTS ACCEPTED WITH THE FORM BELOW ARE THE $150 ADULT DIVERSION PROGRAM FEE. ANY OTHER AMOUNTS WILL NOT BE PROPERLY ALLOCATED. YOU MUST RECEIVE AUTHORIZATION FROM THE DIVERSION PROGRAM TO MAKE PAYMENTS ONLINE PRIOR TO SUBMITTING YOUR PAYMENT. SUBMITTING PAYMENTS ONLINE DOES NOT MEAN YOU DO NOT HAVE TO APPEAR AT SCHEDULED PROGRAM APPOINTMENTS. Payments MUST be accompanied with the Case Number AND Defendant’s Name in order for the Diversion office to apply payment to the appropriate case. Failure to provide the necessary information could cause a delay in applying your payment. 
Convenience Fee Refund Policy Information Required Security |
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Crimestoppers Payments Defendants participating in diversion may be required to contribute to Crime Stoppers as a special condition of their Deferred Prosecution Agreement. Payments may be submitted online by visiting the First Coast Crime Stoppers' website. Please submit your receipt or proof of payment to the State Attorney’s Office (or your probation officer if the Florida Department of Corrections is supervising you)
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