Upon acceptance into the PTD Program, and simultaneously with signing the Agreement, the defendant will sign a sworn Stipulation of Evidence, admitting his/her guilt to the underlying criminal offense. The defendant is required to pay a program fee of 350 for a felony case or $250 for a misdemeanor case, pay a monthly supervision fee of $50, and pay any restitution. At Lee & Wood, we focus on criminal defense, representing people charged with crimes of all types in Texas state courts. Those defendants who complete the program may avoid prosecution and potential conviction. Typically, felonies immediately disqualify you. After this step, the individual will be notified of the program intake setting at which they must pass a urinalysis test. As a condition for a defendant to enter any pretrial diversion program, including a behavioral modification program, a health care program, a specialty court program, or the functional equivalent that may be operated in El Paso County by El Paso County, Emergence Health Network, the City of El Paso, the West Texas Regional Adult Probation Depart. Almost all criminal charges are eligible for mental health diversion under Penal Code 1001.36. The reason that it's a great deal is that you can completely clean up your record afterwards. Contact our law firm for a free and confidential consultation. Both defendants who are participating in Texas diversion and their loved ones must understand the limitations of successful completion of the particular diversion program. Furthermore, a qualified attorney may be able to persuade the prosecution to let you enroll in a diversion program. The defendants application will be rejected if, in the sole discretion of the prosecutor, the letters of recommendation do not speak to the offense at hand and do not show specific support of the defendants participation in the PTD Program. Understands the criminal system, including how evidence is gathered and NO DRUGS. Collectively, these are called diversion programs. They are voluntary: the state cannot force anyone to participate in them. You must commit no new offenses such as drug possession or theft. If you agree to a pre-trial diversion program, then you will likely be required to complete at least one of the following: If the court orders you to complete mental health treatment related to your pre-trial diversion contract, then you will have to fully engage in your treatment before the court will dismiss and seal your case. DallasJustice.com, Law offices of Michael Lowe, the punishments provided for minors under Texas law, Achieve, Inspire, Motivate (A.I.M.) UNSUCCESSFUL DISCHARGE AND TERMINATION FROM THE PRETRIAL DIVERSION PROGRAM. The PTD Program does not accept referrals for violent crimes, domestic violence, driving while intoxicated, or sexual offenses. Where a defendant is determined to be indigent, or where the amount of restitution is substantial, the defendant may be approved for a payment plan, which will be detailed in the Agreement. It's a voluntary program, with pros and cons you need to know before you opt in. Michael Lowe. Acceptance into the PTD Program constitutes an agreement between the defendant and the Kaufman County Criminal District Attorneys Office, such that the defendant agrees to follow the terms of the PTD Program as set out in their paperwork, and the Kaufman County Criminal District Attorneys Office agrees to reject or dismiss the defendants case if the defendant successfully completes the PTD Program. fines or court costs are assessed on a PTD program. To qualify for mental health pre-trial diversion, the defendant must suffer from a mental health disorder that played an important role in the defendants conduct. Pre-trial Diversion Eligibility Driving While Intoxicated cases that are currently unfiled will be eligible for a pre-file DWI diversion program. If the defendant successfully completes all of the requirements and does not get into any further trouble, then the judge will dismiss their case. which could improve your chances of charge reduction, acquittal, dismissal, Participation in the PTD Program is voluntary. Another example is the " pretrial diversion program " where a defendant avoids entering a plea of guilty or nolo contendere. Call 817-678-6771 or complete an online contact form. to prevent future criminal activity among certain offenders by diverting them from traditional processing into community supervision and services; to save prosecutive and judicial resources for concentration on major cases; and. For veterans, assaultive offenses are considered with the consent of the alleged victim. Pretrial Diversion Programs for DWI Dismissal in Texas LINK FOR APPLICATION HERE LINK FOR AGREEMENT HERE, Kaufman County Justice Center (Main Courthouse)1902 E. US Highway 175Kaufman, TX 75142. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. These may also be known as "pretrial intervention" programs or agreements for "deferred prosecution." Services Law, Real The Felony Pretrial Diversion Program is intended to help defendants charged with felony offenses to move beyond the criminal justice system. If the defendant is accepted into the PTD Program and is subsequently unsatisfactorily terminated from the program, this statement MAYbe used against the defendant. If the defendant wishes to contest the motion to hold bond insufficient, they may do so at an evidentiary hearing in the district or county court in which the bond conditions were filed. If the persons record is not expunged, then the pretrial diversion will pop up in any future background check. NO FIREARMS. settle for a plea bargain. The Pretrial Diversion Program is a voluntary program for a defendant charged with a qualifying criminal offense. The defendant executes a signed and sworn Stipulation of Evidence, admitting his/her guilt to the underlying criminal offense. If participants meet all diversion program requirements, they can avoid most penalties for their first-time felony or misdemeanor offense. These conditions can include regular reporting to a probation officer, payment of probation fees, payment of restitution, participation in substance abuse or mental health treatment, or the completion of educational programs. We hope this is the clearest way to present LegalMatch, Market document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.54.htm#54.745 Pretrial diversion (PTD) is an "alternative to prosecution which seeks step of the legal process. Note that sexual offenses, aggravated offenses, and DWI are not eligible for any pretrial diversion program. There are three ways a case can be considered for diversion. Library, Bankruptcy In Denton County, if you are a first-time offender Conferencing with the client will include weighing things like: After an analysis of the states case as well as the defenses own investigation into the matter, the probability that the prosecution has a viable case to present in court must be considered. for non-profit, educational, and government users. In the event that a defendant is terminated from the PTD Program, the State of Texas, through its Criminal District Attorney, shall have the right to prosecute the defendant for the offense covered by the Agreement, as the defendant has executed a waiver of their rights to a speedy trial and any statute of limitations. we provide special support Fort Worth, TX 76102, 2017 by Lee and Wood,PLLC. In the event that the defendant breaches any term of the Agreement by failing to comply with a term or condition of the PTD Program, the PBSD Officer will so notify the prosecutor. the text. The reality of pretrial diversion is that the ADA has put the individuals file on hold, but the charges sit there until they are dismissed. Law, Government Defendants are responsible for ALL costs associated with any contract items. Nothing on this site should be taken as legal advice for any individual To be eligible for pre-trial diversion, low-level misdemeanor charges cannot involve violence, such as assault. An overview of Travis County's Felony Pretrial Diversion Program The Felony Pretrial Diversion Program is for first-time felony offenders charged with crimes such as theft, forgery and criminal mischief. If the defendant is not accepted into the PTD Program for any reason, the provided personal statement will not be used as evidence against the defendant in the States case in the event of a trial on the charge. An examining trial or probable cause hearing may omit the need for any diversion program. Essays may be required to be written and filed. Low-level misdemeanors and drug diversion; Active military or military veteran diversion. A judge may sentence an offender to more than just community service. The program fee and supervision fees may be reduced or waived for indigent defendants. If the defendant is accepted into the PTD Program and is subsequently unsatisfactorily terminated from the program, this statement, A defendant may use a member of his/her family as a source of one letter of recommendation, but only, Truthfully answer all questions asked by the PBSD Officer, Report all contact with law enforcement within 24 hours, Remain in the County of Kaufman and contiguous counties, unless otherwise granted permission by the PBSD Officer, Pay all required fees to the District Attorneys Office and the PBSD, Maintain steady, full-time employment (or part-time with approval of the PBSD Officer), Complete community service restitution hours, Alcohol and drug evaluation, assessment, testing, and treatment, as determined, Mental health evaluation and/or treatment, as determined, Drive only with valid driver license and insurance, Random alcohol and/or drug use monitoring, frequency determined by substance abuse screenings, evaluations, and assessments, Drug or alcohol treatment, from out-patient to in-patient, depending on the defendants history and assessment results, Mental health treatment, from out-patient to in-patient, depending on history and mental health evaluation, Financial restitution to the victim or victims of the offense, A letter of apology to the victim or victims of the offense, Domestic violence victim treatment, including possible group and individual treatment, Any other treatment, program, or class deemed necessary by the PBSD Officer, However, if the defendant fails to live up to the terms of the Agreement, and if the defendant is unsuccessfully discharged and terminated from the PTD Program, then the Stipulation of Evidence WILL. Pre-trial drug diversion is allowed for the possession of many types of drugs for personal use. Other forms of punishment include probation, restitution, fines, loss of driving privileges, or loss of the right to carry a handgun. Upon applying for entry into the Pretrial Diversion Program, the defendant must voluntarily execute a signed and sworn Application. The defendant executes a signed and sworn Stipulation of Evidence, admitting his/her guilt to the underlying criminal offense. To qualify, the defendant must be a true first offender meaning they cannot have hadPTD, deferred adjudication, nor any other type of disposition as an adult offender.. In addition, Having a criminal record follow you around can have devastating effects on your employment, education, and even housing opportunities. All rights reserved. The mission of the Pretrial Diversion Program is to prevent crime and increase public safety by holding eligible defendants accountable while providing the resources, skills, community relationship building, and education needed to break the cycle of crime. They've also been shown to reduce the likelihood that an individual offends repeatedly. The criminal offense for which the defendant has been arrested or charged must be a non-violent criminal offense. Texas Government Code Section 54.745 - Pretrial Diversion If you have been arrested in the Rio Grande Valley area, reach out to us at 956-504-2211. Not have a felony conviction in the last five years. Through this agreement, the defendant enters into pre-trial probation, which requires them to follow and complete requirements set by the judge. If you are eligible and If a defendant is twenty-five (25) years of age or younger and possesses a juvenile record of criminal offenses indicative of disregard for criminal laws, the defendant may be disqualified for entry into the PTD Program based on this record. And, if successfully completed, results in a dismissal of the charges and an opportunity to even expunge the arrest from your criminal record! Successful completion of a pretrial diversion program means that the individual will not be charged, or if they were charged, will have their charges dropped. This fee may be reduced or waived for defendants determined to be indigent by the Kaufman County Indigent Defense Coordinator. Pretrial diversion is a program that allows a defendant to work to keep charges off their criminal record. In some circumstances, the victims consent is required for a defendant to be eligible for an early intervention program. I am Jeremy Sylestine of Sylestine Law PLLC in Austin, Texas, and I have been handling criminal cases for more than 15 years. Individuals who are successful in completing the program will not be charged Pretrial Diversion is a form of supervision appropriate for some first In specific cases, pre-trial diversion might allow you to keep your criminal record clean and stay out of jail. What If You Fail to Complete Pre-Trial Diversion Successfully? Here, the prosecution agrees the individual has a likelihood of rehabilitation and re-routes the individual accordingly. how police reports are created, Recognizes how proactive representation can affect filing charges in the The defendants attorney is generally notified within two (2) weeks regarding the prosecutors decision. The defendant gathers and submits the required documents to apply for the program. The defendants attorney is generally notified within two (2) weeks regarding the prosecutors decision. These may also be known as pretrial intervention programs or agreements for deferred prosecution.. Second, the assigned prosecutor can refer a case for consideration. Not appear to be guilty of any more serious crimes. Afterward, the court may dismiss the charge, and the offender can apply to have the charge expunged. Bexar County, Texas Bexar County has many online services that allow public and secure access to our information. Diversion program criteria differ, and a local criminal attorney can offer you the most up-to-date information in your area. 76.011, defendants who complete the program may avoid prosecution and potential conviction for their charge. eligible for expunction of any arrest and/or case records. . Pretrial Diversion Programs | Law Office of Kenneth W Mullen PC At the discretion of the PBSD Officer, and with the permission of the prosecutor, defendants who are in the PTD Program for misdemeanor offenses may move into mail-in supervision status after three (3) months if there are no violations and all special conditions have been satisfied. To qualify for mental health pre-trial diversion, the defendant must suffer from a mental health disorder that played an important role in the defendants conduct. Diversion Programs in Texas - Dallas Justice Blog Through this program, an offender is given a chance to avoid prosecution for an offense through successful completion of a period during which there are no new arrests, and all requirements of the term are completed. To determine if To be eligible for the PTD Program, a defendant needs to be a resident of Kaufman County or a contiguous county. or viewing does not constitute, an attorney-client relationship. OVERVIEW OF THE PRETRIAL DIVERSION PROGRAM PROCEDURE. Article 55.01 of the Texas Code of Criminal Procedure (TCCP). NO ALCOHOL. While the prosecutor will usually notify you of your eligibility, you or your attorney may request diversion. Give yourself the best chance of being accepted into a program by retaining legal counsel.
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