diversion program/timing of applications

My son plans to apply to Florida and Florida State. Unfortunately he received a citation for possession of marijuana and is currently in a pre-trial diversion program which will be completed at the end of December (at which point the charges will be dropped). At this point, our attorney says he needs to answer “yes” to the question, “have you ever been charged with a violation of the law which resulted in, or if still pending could result in, probation, community service, a jail sentence…”.

Question: Is it better to wait until the charges are dropped to submit his application so he can say no to this question? If he does, he will miss the priority application deadlines. Or is it better to submit the application now, answer yes to the question, and write a good explanation of what he has learned from this experience?

He still would have to answer yes as he was charged. He would have to explain the diversion program and that the charges are expected to be dropped. If this is his only disciplinary charge in his history, it would depend upon the amount of marijuana in his possession and his expected completion of the program as well as a statement admitted guilt/contrition as to how colleges will view this infraction. Also, was this infraction on school grounds and will his counselor write a positive LOR?