Avoiding Trial & Expediting Your Case
Pre-trial diversion loosely refers to a program established by a district attorney’s office that leads to a path to dismissal of a criminal case without having to formally enter a plea of guilty or nolo contendre before the court, or complete deferred adjudication.
As a trusted San Antonio criminal defense attorney, I have had almost every client application for pre-trial diversion approved. Recent recognition of my efforts includes the 2014 Avvo Clients’ Choice Award for Criminal Defense and inclusion in the National Trial Lawyers Top 100.
Am I Eligible for a Pre-Trial Diversion?
A very detailed and meticulous application process exists for diversions and the client’s criminal defense attorney is responsible for submitting the application packet. It’s important to note that there is no right to pre-trial diversion, and in Bexar County, a committee determines if the client is accepted into the program which should be considered when choosing a criminal defense attorney.
Certain criteria must be met to be eligible for a pre-trial program such as:
- No prior convictions or adjudications
- Must admit guilt and accept responsibility
- Report to a probation officer monthly
- Be employed or enrolled in school
- Commit no new offenses or use illegal drugs
Certain offenses, such as DWI and those usually involving a violent or family violence crime are not included. Potential applicants need to provide two letters of recommendation from non-family members, and provide a clean urinalysis drug test upon application.
Seasoned San Antonio Criminal Defense Lawyer
Clients that complete deferred adjudication are only able to have the case non-disclosed, which is not as effective at clearing the client’s criminal record as expunction. These programs are significant because, as mentioned, completion of pre-trial diversion leads to a dismissal of the charge, but the Texas expunction law also allows for immediate expunction of a criminal case in which a citizen has completed pre-trial diversion.
In many cases, pre-trial diversion would even lead to a quicker expunction than if the case were dismissed on the first court date!
Contact my firm 210-201-7622 for a free case evaluation to discuss a pre-trial diversion.