PUNTA GORDA, Fla. — Punta Gorda City Council passed a resolution on Wednesday that could lessen punishments for misdemeanor crimes.
The memorandum establishes the Adult Pre-Arrest Diversion Program as an alternative option instead of jail time or court hearings for first-time offenders of misdemeanors. The following crimes would be eligible for enrollment in this program:
• Possession of 10 grams or less of marijuana or up to 20 grams if established the cannabis is intended for personal use and not ready for sale
• Possession of marijuana paraphernalia
• Possession of alcohol under 21 years of age
• Petit theft (misdemeanor)
• Retail theft (misdemeanor)
• Misdemeanor criminal mischief (vandalism under $1,000
• Misdemeanor battery with no or minor injuries to the victim (other than domestic/dating violence related)
• Misdemeanor battery with no or minor injuries to the victim (other than domestic/dating violence related)
• Disorderly Conduct/Breach of Peace
• Trespass (misdemeanor)
• Littering (misdemeanor)
• Violation of County/City Ordinance
• Disruption of a School Function
• Alcoholic beverage selling or giving to a minor
Police officers, jail staff and watch commanders can decide whether a person is eligible for the program or taken to jail. Russell Kirshy, a personal injury attorney in Punta Gorda but also handles petty crimes, says this program could save a lot of resources.
“Now the jail’s not involved at all. So now there’s one less person that has to be booked into the jail and taken care of there. You have the officers back on the streets in a matter of minutes as opposed to taking several hours to book someone into the jail, there’s no judge involved, and the state attorney and prosecutor have very minimal contact with a program like this,” Kirshy said.
The judicial process is pricey even for misdemeanor crimes, factoring in court fees, bail, and fines.
“When you add all that… it’s several thousand dollars per case,” Kirshy said.
Punishments in the program include community service and victim’s fines, if applicable. Based on risk assessment and evaluation, a person could also go through courses like Anger Management, Shoplifter Awareness, and substance abuse counseling.
If a person doesn’t show up to the initial screening for the program, the officer could arrest them or send to the State Attorney’s Office for potential prosecution.
