Pretrial Diversion - Get Out of Jail Free Card? Almost.

What if we told you that, even with a minor legal misstep, there's a potential path for redemption that could end with the expunction of your criminal record? In this episode, I walk you through the maze of pre-trial diversion programs in Texas, with a spotlight on Bexar County. I explain the benefits and pitfalls of these programs designed for first-time offenders or those with minor criminal history. We also discuss how enrolling in such a program could fast-track your case resolution and what you need to do to succeed.

I'll also help you understand how pre-trial diversion can help you qualify for an expunction faster than a dismissal can.  The programs will usually require you to attend classes, perform community service, and pay fees. We'll also talk about the possible consequences if you fall short of fulfilling all the program's requirements or face a new charge. This episode is packed with valuable insights about your rights and the legal system. If you're navigating a charge in San Antonio or the surrounding areas, this episode might be the lifeline you need. So, tune in, and let's steer your way through this together.

If you're being charged with a crime in San Antonio, use the link below to schedule a free consultation with us:
https://seanhenricksen.com/schedule-consultation/

We also have a free download for you: 4 Things You Should Do Right Now If You've Been Arrested:
https://bit.ly/2Xjj9Eh
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Transcript

Speaker 1: 0:01

Hi and welcome back to another episode of what to Expect when You're Arrested. This is your host, sean Henrickson here from the Sean Henrickson Law Firm, where we help good people like you avoid the devastating consequences of criminal charges. Today we're going to be talking about pre-trial diversion programs. Before we get to that, we do have a free download for you. It's five things you should be doing right now if you've been arrested. If you click on the show notes, there's a link there. If you click on that, we'll send that right out to you.

Speaker 1: 0:30

Pre-trial diversion programs are basically a system that they have in Texas. Normally it's for first-time offenders, but sometimes it is available to other people who don't have much criminal history, or maybe for a lower-level crime. But basically it's a way that could be used to end your case sooner with a good result, and one of the great things about it is that you can get an expunction afterwards. Pre-trial diversion programs do vary county to county, so the way it works in Bear County may be different from how it works in other counties, and we're going to be focused mainly on the pre-trial diversion system here in Bear County. Now, pre-trial diversion is not as good as a dismissal, but it is better than deferred adjudication. So usually, if it's available, it's usually a pretty good offer to take. The reason it's not as good as a dismissal is with a dismissal your case just goes away. There's nothing for you to do With a pre-trial diversion program. You're still going to have some things that you need to do. You may have some classes to take, some community service, you're going to have to do some fees to pay, you'll have to check in with a pre-trial services officer and of course, you can't pick up any new cases. But it is better than deferred adjudication and the reason for that is that with deferred adjudication you're eligible to get your record sealed most of the time not all the time, but most of the time. With deferred adjudication you can get your record sealed, but with an expunction you will be able to get everything taken off of your record and it's the same result you'd be able to get if the case was dismissed or if you took the case to trial and won a trial.

Speaker 1: 2:08

There are some benefits to the pre-trial diversion. Like I said, the main one is going to be that you're eligible for an expunction and you'll actually be eligible for that sooner than if your case was dismissed. If your case is dismissed, you're eligible for an expunction after the statute of limitations passes, which can be two years, three years or even longer, depending on what you're being charged with. But with a pre-trial diversion program, you're eligible for an expunction as soon as you complete the pre-trial diversion program, which can usually be, you know, six months or eight months somewhere around there. The other main benefit of pre-trial diversion is that your case ends sooner. You could show up at your first setting and they may say that this is a case where you know pre-trial diversion is a good option and that that's what they're offering for you and that could be your last court date, you know. After that you can apply for it, get into the program and everything and have your case dismissed relatively quickly and then be done with everything within a few months after that, and so it's a good way to not have to continue to show up to court. You know, month after month, like you may have to get a dismissal, because a lot of dismissals don't come until later on in the case. The main downside is that you do have those things that you're going to have to do. You should think about taking pre-trial diversion if it is offered in your case because normally it is a good offer and if the state has a strong case against you, if this is a case that doesn't look like it's going to get dismissed and doesn't look like it's going to have a good result if it goes to trial, then you probably want to take the pre-trial diversion program so that you can get that expunction later on, so that that case doesn't follow you around for the rest of your life. You probably shouldn't be looking at it if you're innocent and if you don't want to take any classes, you don't want to do anything related to this. If you just want that dismissal and you know this is a case where you may be able to get that dismissal then you may not want to take the pre-trial diversion in that situation.

Speaker 1: 4:12

The process in Bear County for pre-trial diversion is normally your attorney is going to talk to the prosecutor on the case and one of the things they may talk about is going to be the pre-trial diversion program whether or not you're eligible, if that's something that you're interested in. If the prosecutor does agree to pre-trial diversion on your case, then you're going to submit an application to the DA's office. They'll review your application, review the case and see if this is a case where they are going to formally offer you pre-trial diversion and they'll send an agreement to your attorney for you to sign off on and for your attorney to sign off on. Once both of you all sign off on that agreement, it'll be returned back to the district attorney's office and they're going to set you up with an orientation and everything and once you're actually in the program they're going to dismiss that case against you and if you successfully complete the pre-trial diversion program, then that case stays dismissed. You will, when you do, meet with that person from pre-trial services. They're going to give you all the details about where you can take those classes, where you can make payments, where you can do community service all of those details about what you'll need to do as part of the pre-trial diversion program.

Speaker 1: 5:25

But there is no definite length. There's not a strict timeline on how long pre-trial diversion takes. It's basically as long as it takes for you to complete everything that's required as part of the program. Once you do successfully complete the pre-trial diversion program, your case stays dismissed which is great, obviously and you are eligible for the expunction immediately after completing pre-trial diversion, which is one of the main benefits of that pre-trial diversion program.

Speaker 1: 5:53

If you're not successful with the pre-trial diversion program, if you don't complete all of the requirements, or if you do pick up a new charge, then the state's going to refile that same case against you, and so you're kind of in the same place that you were when you had originally applied for pre-trial diversion, except that's not going to be an option anymore. The good news is, if you don't complete the pre-trial diversion, you're not really in a worse position. If you have any questions about the pre-trial diversion programs or if you're being charged with a case here in San Antonio or the surrounding areas, give us a call at 210-775-0852 or click on the link in the show notes. There's a link there where you can schedule a free consultation with us. We'd be happy to answer any questions you have about your case, let you know what you can expect and let you know how we can help you out. I hope you have a great day.