A pre-trial diversion is an agreement with the State to dismiss your case if you can comply with a one year “contract” that you sign. This contract is very similar to probation, but not as rigorous. You will still be subject to some of the same restrictions possible on a straight probation such as random drug tests and treatment classes, but there will not be conviction if you can complete your pre-trial diversion.
Pre-trial diversions are available most commonly to first time offenders with low dollar thefts and other low level crimes. You have to request this special program, and then prove to the State why you are a good candidate. Some things they ask for are a letter from you explaining why you deserve this special opportunity, proof that you have a support system, proof that you are attempting to do something with your life, and proof of your plans for the future.
If you are lucky enough to be granted a Pre-Trial diversion, your court case will be reset for one year. If one year later you come back after successful completion of the program, your case is dismissed. On the other hand, if you violate any terms of your program, the diversion can be revoked and your case resumes immediately as if the diversion was never granted.
Harris County has traditionally not been very willing to give pre-trial diversions, but that seems to be changing. Recently, we have had a high success rate in our pre-trial diversion requests, and that trend is likely to continue. Just today Harris County District Attorney Pat Lykos announced plans for a pre-trial diversion program for first-time DWI and drug offenders. This is something that has not been available in Harris County. The program is set to commence in August 2009.
David Breston is a Houston record sealing attorney. If you need to clear your criminal record in Houston, call David Breston at 713 224 4040.
