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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#criminaldefense
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#sanantonio
#lawyer

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Sean Henricksen Law Firm

210-775-0852

3011 Nacogdoches, Bldg 1

San Antonio, Texas 78217

www.seanhenricksen.com

Episode Transcript

Speaker 1 (00:01):
Hi and welcome back to another episode of what to
Expect when You're Arrested.
This is your host, seanHenrickson here from the Sean
Henrickson Law Firm, where wehelp good people like you avoid
the devastating consequences ofcriminal charges.
Today we're going to be talkingabout pre-trial diversion
programs.
Before we get to that, we dohave a free download for you.

(00:21):
It's five things you should bedoing 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'llsend that right out to you.
Pre-trial diversion programs arebasically a system that they
have in Texas.
Normally it's for first-timeoffenders, but sometimes it is
available to other people whodon't have much criminal history

(00:43):
, or maybe for a lower-levelcrime.
But basically it's a way thatcould be used to end your case
sooner with a good result, andone of the great things about it
is that you can get anexpunction afterwards.
Pre-trial diversion programs dovary county to county, so the
way it works in Bear County maybe different from how it works

(01:03):
in other counties, and we'regoing to be focused mainly on
the pre-trial diversion systemhere in Bear County.
Now, pre-trial diversion is notas good as a dismissal, but it
is better than deferredadjudication.
So usually, if it's available,it's usually a pretty good offer
to take.
The reason it's not as good asa dismissal is with a dismissal

(01:24):
your case just goes away.
There's nothing for you to doWith a pre-trial diversion
program.
You're still going to have somethings that you need to do.
You may have some classes totake, some community service,
you're going to have to do somefees to pay, you'll have to
check in with a pre-trialservices officer and of course,
you can't pick up any new cases.
But it is better than deferredadjudication and the reason for

(01:46):
that is that with deferredadjudication you're eligible to
get your record sealed most ofthe time not all the time, but
most of the time.
With deferred adjudication youcan get your record sealed, but
with an expunction you will beable to get everything taken off
of your record and it's thesame result you'd be able to get
if the case was dismissed or ifyou took the case to trial and

(02:06):
won a trial.
There are some benefits to thepre-trial diversion.
Like I said, the main one isgoing to be that you're eligible
for an expunction and you'llactually be eligible for that
sooner than if your case wasdismissed.
If your case is dismissed,you're eligible for an
expunction after the statute oflimitations passes, which can be

(02:27):
two years, three years or evenlonger, depending on what you're
being charged with.
But with a pre-trial diversionprogram, you're eligible for an
expunction as soon as youcomplete the pre-trial diversion
program, which can usually be,you know, six months or eight
months somewhere around there.
The other main benefit ofpre-trial diversion is that your

(02:48):
case ends sooner.
You could show up at your firstsetting and they may say that
this is a case where you knowpre-trial diversion is a good
option and that that's whatthey're offering for you and
that could be your last courtdate, you know.
After that you can apply for it, get into the program and
everything and have your casedismissed relatively quickly and

(03:10):
then be done with everythingwithin a few months after that,
and so it's a good way to nothave to continue to show up to
court.
You know, month after month,like you may have to get a
dismissal, because a lot ofdismissals don't come until
later on in the case.
The main downside is that youdo have those things that you're
going to have to do.
You should think about takingpre-trial diversion if it is

(03:31):
offered in your case becausenormally it is a good offer and
if the state has a strong caseagainst you, if this is a case
that doesn't look like it'sgoing to get dismissed and
doesn't look like it's going tohave a good result if it goes to
trial, then you probably wantto take the pre-trial diversion
program so that you can get thatexpunction later on, so that
that case doesn't follow youaround for the rest of your life

(03:53):
.
You probably shouldn't belooking at it if you're innocent
and if you don't want to takeany classes, you don't want to
do anything related to this.
If you just want that dismissaland you know this is a case
where you may be able to getthat dismissal then you may not
want to take the pre-trialdiversion in that situation.
The process in Bear County forpre-trial diversion is normally

(04:16):
your attorney is going to talkto the prosecutor on the case
and one of the things they maytalk about is going to be the
pre-trial diversion programwhether or not you're eligible,
if that's something that you'reinterested in.
If the prosecutor does agree topre-trial diversion on your
case, then you're going tosubmit an application to the
DA's office.
They'll review your application, review the case and see if

(04:40):
this is a case where they aregoing to formally offer you
pre-trial diversion and they'llsend an agreement to your
attorney for you to sign off onand for your attorney to sign
off on.
Once both of you all sign offon that agreement, it'll be
returned back to the districtattorney's office and they're
going to set you up with anorientation and everything and
once you're actually in theprogram they're going to dismiss

(05:02):
that case against you and ifyou successfully complete the
pre-trial diversion program,then that case stays dismissed.
You will, when you do, meetwith that person from pre-trial
services.
They're going to give you allthe details about where you can
take those classes, where youcan make payments, where you can
do community service all ofthose details about what you'll
need to do as part of thepre-trial diversion program.

(05:25):
But there is no definite length.
There's not a strict timelineon how long pre-trial diversion
takes.
It's basically as long as ittakes for you to complete
everything that's required aspart of the program.
Once you do successfullycomplete the pre-trial diversion
program, your case staysdismissed which is great,
obviously and you are eligiblefor the expunction immediately

(05:47):
after completing pre-trialdiversion, which is one of the
main benefits of that pre-trialdiversion program.
If you're not successful withthe pre-trial diversion program,
if you don't complete all ofthe requirements, or if you do
pick up a new charge, then thestate's going to refile that
same case against you, and soyou're kind of in the same place
that you were when you hadoriginally applied for pre-trial

(06:07):
diversion, except that's notgoing to be an option anymore.
The good news is, if you don'tcomplete the pre-trial diversion
, you're not really in a worseposition.
If you have any questions aboutthe pre-trial diversion
programs or if you're beingcharged with a case here in San
Antonio or the surrounding areas, give us a call at 210-775-0852

(06:30):
or click on the link in theshow notes.
There's a link there where youcan schedule a free consultation
with us.
We'd be happy to answer anyquestions you have about your
case, let you know what you canexpect and let you know how we
can help you out.
I hope you have a great day.