How to Transfer your case

Palm Beach County Veterans Court has both pre-adjudicatory and post-adjudicatory diversion programs. Diversion programs are ones that offer an alternative toprosecution. The programs we offer in Veterans Court are Veterans Treatment Intervention Program (FS 948.08(7)(a)) and Pretrial InterventionProgram (948.08(1)(2)(3)(4)(5)(a)(b)(c)). Pre-adjudicatory diversion programs allow defendants with pending felony or misdemeanor charges theopportunity to have their charges Nolle Prossed or dismissed

Post-adjudicatory diversion programs are ones that offer an alternative to incarceration. Veterans Court utilizes Veterans Treatment Intervention Deferred Sentencing Agreement, misdemeanor and felony probation, drug offender probation, and community control. Post-adjudicatory diversion programs allow defendants to have their plea vacated and charges dismissed, or adjudication withheld, or probation reduced or terminated successfully, or other sanctions reduced

Florida law authorizes specialty pre-adjudicatory and post-adjudicatory programs for military service members and veterans. The specialty programs, often referred to as problem-solving courts (PSC's), focus on sobriety, counseling, and the unique needs of the specialty groups served by the program. CS/CS/HB 1069 defines "Problem Solving Court" to include pre-adjudicatory and post-adjudicatory Drug Courts, Veterans' Courts, and Mental Health Courts.

On June 16, 2015, the Governor approved CS/CS/HB 1069 and it became effective July 1, 2015. Prior to this Bill, s. 910.035(5), allowed any person who is eligible for participation in a Pre-Adjudicatory Drug Court Program to have the case transferred to a county other than that in which the charge arose if the representative of the Drug Court Program of the county requesting to transfer the case consults with the representative of the Drug Court Program in the county to which transfer is desired, and all parties approve the transfer. To accomplish this, the trial court would accept a plea of Nolo Contendere (now making it a post-adjudicatory case) and enter a transfer order directing the Clerk to transfer the case to the county which has accepted the defendant into its Drug Court Program. Upon successful completion of the Drug Court Program, the jurisdiction to which the case has been transferred would vacate the plea and dismiss the case.

CS/CS/HB 1069 expands s. 910.035(5), F.S., so that a person eligible to participate in any type of problem solving court (PSC), may have their case transferred to another county if: 1. The defendant agrees to the transfer 2. The authorized representative of the trial court consults with the authorized representative of the PSC in the county to which transfer is requested; and 3. Both authorized representatives agree to the transfer.

The authorized representative in Palm Beach County for transfers to Veterans Court is Judge Ted Booras. His judicial assistant is Eyder Orozco and she can be reached at 561-688-4600.

If the above requirements are met, the trial court must enter a transfer order directing the Clerk to transfer the case. Any transfer order must include specific documents depending on whether the case is pre-adjudicatory or post-adjudicatory. After the transfer takes place, the Clerk in the receiving jurisdiction must set the matter for a hearing before the PSC Judge (Judge Ted Booras) to ensure the defendant's entry into the PSC.

Examples of pre-adjudicatory and post-adjudicatory transfer orders may be found to the right!

After the agreement is filed with the Clerk, a copy will be provided to the Veteran. This is a very important document so keep it in your records with your other court documents.Don't hesitate to ask anyone on the VA Court Team any questions about your treatment or your supervision. Make sure you have the contact information for your officer,your Mentor, and the VJO. The only stupid question is the one you didn't ask!