When facing criminal charges in Texas, you want to know the legal options in navigating them. One of the options that might be available to you is pretrial diversion, also called pretrial intervention. Pretrial diversion programs center on rehabilitation instead of punishment. By completing any of them, you may avoid a criminal conviction. So, what exactly is pretrial diversion, how does it work, and who qualifies? This blog breaks down everything you should know.

What Is Pretrial Diversion?

As the name suggests, pretrial intervention is done before any trial. It refers to programs offered to some people facing criminal prosecution but who do not have prior convictions. Pretrial diversion provides an alternative to criminal prosecution, sentencing, and ensuing criminal records. It diverts qualifying defendants from serving an incarceration period and toward rehab or other types of intervention.

Offenders who have committed particular offenses can avoid criminal prosecution should they meet the conditions the judge has set for their cases. These conditions can be personalized depending on the defendant, the offense, and other elements entailed in the event. Some of them include the requirement to:

  • Pay any necessary fines or fees
  • Ask for permission before leaving the jurisdiction or changing residence
  • Avoid mingling with known criminal offenders
  • Avoid any further unlawful activity
  • Attend regular meetings with a probation officer
  • Avoid substance or alcohol use
  • Attend court-ordered counseling sessions
  • Attend drug or alcohol abuse education courses
  • Submit to regular drug tests
  • Undergo mental health treatment
  • Agree to a mental health assessment
  • Pursue educational goals or gain employment
  • Continue employment, family, or education responsibilities
  • Complete a specified number of hours of community service

If the offender violates the conditions of their agreement at any point during the diversion program, the judge can pursue criminal prosecution. However, if they complete the program and meet the conditions imposed by the court, the court will dismiss the charges against them. This way, an offender would have avoided a jail term. They can then resume their life without a criminal record.

Pretrial intervention is available to both adults and juveniles. It applies to misdemeanor, indicted, and unindicted crimes. The programs have also been proven to lower the probability that somebody offends repeatedly. Members of the local police oversee these programs, the court system, a local district attorney, and other bodies.

Enrolling in a pretrial intervention program is entirely voluntary. If you are a potential candidate for the program, you want to have expert legal representation and counsel. This will increase your chances of being accepted into the diversion program that suits your needs. You need not plead guilty before the judge considers you qualified for acceptance.

Eligibility Requirements for Pretrial Diversion

Not everyone qualifies for pretrial diversion. The criteria to qualify vary based on the specific jurisdiction. However, there are some prevalent factors that many courts consider. These include the following:

  • It must be the accused person’s first-time offense; the accused must not have prior convictions
  • The defendant cannot have a record of pretrial intervention acceptance
  • The offense cannot be domestic violence-related
  • Apart from prostitution, the offense cannot entail sexual deviancy
  • The crime cannot entail matters of national security or foreign affairs violations
  • The crime cannot entail the violation of public trust on a public official’s behalf
  • The offender cannot be a gang member
  • The crime should not be violent or severe; it must be deemed low-level.

During screening, the judge may also consider factors like employment history, mental health state, and age. Generally, eligibility is determined depending on the specific facts of the case. Offenders desiring to enroll in pretrial diversion programs must fill in an application.

As for the types of crimes, pretrial intervention is generally an option for persons accused of non-violent and non-serious crimes. Examples of these crimes include, without limitation:

  • Certain kinds of fraud
  • Theft
  • Drug possession
  • Marijuana possession
  • Criminal trespass
  • Prostitution
  • Acquiring controlled substances
  • Forged prescriptions
  • Tampering with evidence
  • Criminal mischief
  • Class B driving while intoxicated

Under certain exceptions, ineligible crimes might be considered for the pretrial diversion programs. These types of crimes must undergo the district attorney’s review and approval first. Every county in Texas has its list of crimes qualifying for pretrial intervention. Thus, you should confirm with the local area court to establish whether your crime qualifies. Generally, misdemeanors are more likely to be eligible for pretrial diversion than felonies.

Factors Disqualifying an Offender from Pretrial Intervention

Pretrial diversion programs can provide advantages to accused persons facing criminal prosecution. However, certain factors can also disqualify a person from enrolling in the diversion. For example, you might not qualify for pretrial diversion if your crime:

  • Entailed violence
  • Resulted in substantial injury to someone else
  • Caused property damage beyond a given dollar amount or
  • Should, under present guidelines, be diverted to the State for prosecution

Other reasons that may disqualify someone from pretrial diversion include violating the conditions of a probation sentence for a prior offense or having past criminal convictions. Also, if the D.A. believes the accused is a danger to public safety or will unlikely adhere to program requirements, they may disqualify them from enrolling in program intervention.

Generally, pretrial intervention programs provide a means for qualifying offenders to avoid prosecution plus the adverse repercussions of a conviction. However, it is vital to know the specific limitations and criteria involved before enrolling in one.

The Process to Enroll In Pretrial Diversion

Entering a pretrial intervention program is a brief and straightforward process. It generally entails two steps: completing an application and the screening process.

If you meet the necessary criteria and wish the court to consider you for pretrial intervention, you must complete a program entrance request application. You can accompany your application with any documentation exhibiting favorable character. This might include:

  • List of scholastic or community achievements
  • References
  • School transcripts
  • Military communications
  • Military discharge documents
  • Resumes

You must also complete and submit an essay explaining the perpetrated crime, your arrest, and your admission of wrongdoing. The essay must also describe why you wish to avoid incarceration and charges. One of the reasons you can provide is your desire to complete family responsibilities or educational goals. 

Afterward, you will undergo screening. Screening generally involves meeting with a probation officer who will assess your eligibility. The officer might ask questions regarding your:

  • Background
  • Employment status
  • History of mental health problems or substance abuse
  • Other personal details.

You want to provide correct information at this point. The probation officer will use it to establish whether you qualify for a pretrial diversion program.

Pretrial Diversion Conditions

As mentioned earlier, offenders must follow various conditions if the court accepts them into pretrial intervention. The conditions vary based on the specific program. However, common ones usually include treatment or counseling programs, community service, payment of fines or restitution, and routine meetings with a probation officer.

Treatment or Counseling Programs

In some instances, offenders might need treatment or counseling programs to tackle underlying problems that made them commit the wrongdoing. Based on the type of crime and specific circumstances, participants might be mandated to attend mental health or substance abuse sessions with professionals.

Community Service Requirement

Doing community service is often compulsory as a condition of pretrial intervention. This could entail completing specific hours working at a court-approved location like a government agency or nonprofit organization. The requirement to do community service serves different purposes:

  • It offers invaluable work experience
  • It enables an offender to mend their conduct by assisting other people
  • It keeps offenders occupied while awaiting trial

Payment of Fines or Restitution

Paying fines or restitution is also a prevalent pretrial diversion condition. This can assist offenders in being accountable for their conduct by reimbursing victims for the financial losses (if any) suffered due to their offense.

Routine Meetings With a Probation Officer

Offenders in pretrial intervention are often mandated to have regular check-ins with their probation officer to ensure they follow the program's requirements. Probation officers serve as mentors. They can give guidance and support through the entire process. These meetings also assist in ensuring that offenders do not disobey any conditions of their diversion program.

Generally, pretrial diversion provides an alternative to jail time for qualifying offenders. The conditions involved might be challenging. However, completing a diversion program can result in reduced or dismissed charges, avoiding a jail term, and the absence of a criminal record. You want to abide by all pretrial diversion conditions. Failure to do so can lead to cancellation of the program and possible incarceration.

Pretrial Diversion Advantages

Pretrial diversion programs offer several advantages that may appeal to offenders who prefer to avoid the standard criminal justice system. The benefits of these programs include the following:

Avoid Incarceration

Incarceration can be detrimental to the persons involved, both physically and mentally. It can also lead to financial strain and job loss for families. Completing a pretrial diversion program enables offenders to avoid incarceration altogether.

Possible Charge Dismissal

If an offender completes their pretrial intervention program, the judge may dismiss their charges. That means they will not need to negotiate for a plea bargain or undergo a trial.

Avoidance of Criminal Record

A permanent criminal record could adversely affect a person’s future expectations regarding housing options and employment opportunities. After completing their program, pretrial diversion prevents offenders from acquiring a permanent criminal record.

Low Legal Fees and Court Costs

The cost spent on legal counsel and representation can be high, particularly for offenders earning low incomes. Pretrial intervention programs are cheaper than undergoing the complete court process. Also, the offenders who complete the program and follow all conditions might have their charges dismissed, causing them to avoid more legal fees.

Pretrial intervention programs aim to rehabilitate first-time offenders, providing treatment for potential underlying elements that might have triggered participation in criminal activity. Apart from avoiding criminal prosecution and conviction, offenders are granted the chance to make up for their crimes and be more conscious of the effect their conduct has on others. That said, the programs benefit not only the offender but also the community in which they live.

Disadvantages of Pretrial Diversion

Pretrial diversion programs have indeed several benefits. However, they also have some drawbacks an offender should consider before enrolling. These include the following:

Possible Cancellation of the Program Condition Violations Occur

If an offender fails to satisfy the conditions of their program, the court could revoke it. This can lead to more legal costs and the likelihood of having to negotiate a plea bargain or undergo a trial.

Restricted Freedom While Participating in the Program

Offenders who participate in pretrial intervention programs must comply with strict conditions set by program administrators and the government. That means they will more likely have specific restrictions imposed on their freedom while completing the program assigned to them.

Costs Related to the Program

Pretrial diversion programs can be more affordable than undergoing the standard justice system. However, there are expenses still related to these programs. These costs might include charges for community service, treatment programs, counseling, and other associated costs, which offenders must pay out of their pockets.

Pretrial diversion programs can be more affordable than undergoing the standard justice system. However, there are still expenses related to these programs that offenders must pay out of their pockets. These might include charges for:

  • Treatment programs,
  • Community service,
  • Counseling, and
  • Other associated costs

How Long Do Pretrial Intervention Programs Last?

The period to complete a pretrial diversion program varies depending on various factors. Some include the offender's situation, specific crime committed, and particular program conditions. On average, these programs last between six and 18 months. The period cannot exceed 18 months, although it can be reduced. Participants must stay compliant with the conditions throughout the entire period. Failure to do so can have severe consequences.

The primary purpose of pretrial intervention programs includes the following:

  • To save judicial and prosecutive resources for focusing on major offenses.
  • To avert future illegal activity from given people by keeping them away from the standard criminal processing
  • To provide an avenue for restitution to the victims of given crimes and to communities

Pretrial Diversion vs. Probation

Both probation and pretrial diversion programs are alternatives to jail time. However, they have significant differences. Pretrial diversion programs are generally an option before a criminal conviction. They could lead to a charge dismissal after successful completion. On the contrary, probation is a sentence generally imposed upon a guilty verdict. The offender must abide by specific terms and conditions to avoid incarceration. Unlike pretrial diversion programs, a probation sentence stays on an offender’s criminal record.

Pretrial Diversion vs. Deferred Adjudication

Like probation, many people also confuse pretrial intervention with deferred adjudication. Both programs help offenders avoid a conviction, but they have key differences.

Deferred adjudication is also called a stay of adjudication. It starts after an accused person has entered a no-contest or guilty plea. In this manner, it resembles probation.

However, a stay of adjudication proceeds more similarly to a pretrial diversion. Although the accused person enters a no-contest or guilty plea, the court does not enter a judgment of guilt. The judge will impose various conditions on the accused person. If the accused meets these conditions, their charges will be dismissed, and they will not have a criminal record.

There is one primary difference between pretrial diversion and a stay of adjudication. In a stay of adjudication, the accused must first plead no contest or guilty. The government does not have to resume trial if the accused is unsuccessful. Instead, the court will enter its judgment and then impose a sentence. At this stage, the accused person's record reflects a criminal conviction. If the accused fails to follow all the program conditions for pretrial intervention, the prosecution must place them on trial. That is because there was no prior no-contest or guilty plea.

Sealing a Record After Pretrial Intervention

Your arrest record will remain even after completing your pretrial intervention program, and the court dismisses your criminal charges. The record can then create several problems for you.

You want to discuss filing a nondisclosure order to permit the sealing of your arrest record. Expungement is only an option for offenders who were

  • Acquitted of the offenses with which they were prosecuted
  • Found guilty but later found innocent
  • Found guilty but later pardoned
  • Charged, though the charges were later dismissed
  • Arrested but not formally charged
  • The statute of limitations has expired

Find an Experienced Criminal Defense Lawyer Near Me

Are you hoping for a pretrial diversion program after an arrest in Fort Worth? If so, you want to give yourself the best chance of accepting it. The best way to do this is by talking to an experienced criminal defense attorney to obtain counsel. To make informed decisions, you must understand the programs available and what they entail. A lawyer is the better-placed person to explain all this.

At Andrew Deegan Criminal Attorney at Law, we have the experience and knowledge to assist offenders in determining whether pretrial diversion is ideal for their case. After assessing their cases, we will advise them on the most suitable options. Then, we will assist them in navigating the process of being accepted into the program and lenient conditions. To learn more about intervention programs, whether you are eligible, and to receive trusted advice on enrolling, call us at 817-689-7002.