The Felony Pretrial Diversion Program is intended to help defendants charged with felony offenses to move beyond the criminal justice system. Defendants who successfully complete pretrial diversion can have their case dismissed. In many instances, they are also eligible to seek an expunction so that they can move forward with a clear criminal record.
Through this program, an offender is given a chance to avoid prosecution for an offense through successful completion of a period during which there are no new arrests, and all requirements of the term are completed. Conditions of pretrial diversion are individually tailored based on the facts of the case and the circumstances of the defendant.
These conditions can include regular reporting to a probation officer, payment of probation fees, payment of restitution, participation in substance abuse or mental health treatment, or the completion of educational programs. If a person fails to complete the terms of pretrial diversion, their case can be referred back to the TCDA trial court division for prosecution.
Eligibility CriteriaAll cases are reviewed on a case-by-case basis. Defendant must be out of custody to be able to participate in services.
Application ProcedureThere is no formal application required for the Pretrial Diversion Program. There are three ways a case can be considered for diversion. First, some types of offenses are automatically considered for pretrial diversion. If the case is determined to be appropriate, a pretrial diversion offer is extended through the defense attorney. Second, the assigned prosecutor can refer a case for consideration. Finally, defense attorneys can submit a request that a clients case be reviewed by filling out the Diversion Request Form
Contact
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