Pretrial diversion programs, also known as deferred prosecution or pretrial intervention programs, are alternative options to traditional criminal court proceedings. These programs aim to divert eligible defendants away from the criminal justice system and into community-based rehabilitation and treatment programs.
In Texas, pretrial diversion programs are available for both misdemeanor and felony cases.
Eligibility criteria for pretrial diversion programs
Not all defendants are eligible for pretrial diversion programs in Texas. All pretrial diversion programs are evaluated on a case-by-case basis. However, there are some frequent criteria:
- First-time offender or have a minimal criminal record
- The offense must be non-violent and non-sexual in nature
- The defendant must plead guilty to the offense and waive their right to a trial
The defendant must also agree to comply with the terms and conditions of the program, which may include community service, drug testing, probation and restitution
Benefits of pretrial diversion programs
Participating in a pretrial diversion program can have several benefits for defendants. First and foremost, it can help them avoid the stigma and consequences of a criminal conviction, such as jail time and difficulty finding employment, housing and education opportunities. Additionally, completing a pretrial diversion program can lead to the dismissal of the charges against them, effectively wiping their record clean.
How pretrial diversion programs apply to a criminal case
If a defendant meets the eligibility criteria for a pretrial diversion program, their defense attorney can negotiate with the prosecutor to enter into the program instead of going to trial. If the prosecutor agrees, the defendant will sign a contract outlining the terms and conditions of the program. The defendant will then have a certain amount of time to complete the program successfully. If they do, the charges against them will be dismissed, and they can move forward with a clean record.
An alternative for those facing criminal charges
Pretrial diversion programs can be a valuable option for eligible defendants facing criminal charges in Texas. By completing a program successfully, they can avoid the consequences of a criminal conviction and move forward with their lives.
