By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

The Collin County Pretrial Diversion Program has been a blessing for many people charged with a first time offense. This new program, created in 2011 when our current District Attorney took office has allowed  first-time offenders an opportunity to accept responsibility, complete probation and receive an expunction. Over the past two years criminal attorneys practicing in Collin County have had the opportunity to  learn how the program is implemented. Because pretrial diversion programs are administered at the discretion of district attorneys, answers to the most common questions regarding pretrial diversion cannot be  found in a book or statute. In this regard, local experience lends value.

Below are 10 important facts about the Collin County Pretrial Diversion Program.

1. You must have an attorney to be considered for Pretrial Diversion. Admission requires an understanding of certain legal rights and waiving some very important ones. Because the State cannot provide legal advice, representation of counsel is necessary.
2. At a minimum, a candidate for Pretrial Diversion must be a first-time offender, having never been convicted or placed on deferred adjudication for an offense greater than a traffic offense.
3. At a minimum, a candidate for Pretrial Diversion must admit guilt and accept responsibility for the offense for which they have been charged once admitted.
4. Violent offenses are not considered for Pretrial Diversion.
5. Individuals deemed to have committed an offense in a sophisticated fashion will be refused admission.
6. Individuals deemed to have committed a series of offenses, of which the District Attorney selected only one to prosecute, are typically refused admission.
7. Individuals deemed to have committed an offense in concert with other individuals or especially a child or another person for whom the Defendant is responsible are sometimes refused admission.
8. Individuals deemed to be in possession of paraphernalia which would suggest much more serious felony drug possession or usage are typically refused admission.
9. Individuals deemed to be in possession of unusable quantities of felony drugs are typically refused admission.
10. Individuals deemed to be in possession of paraphernalia used in the manufacture or delivery of drugs are typically refused admission.

If your case fits within these guidelines, you may be a viable candidate for pretrial diversion. You should schedule a consultation with an attorney familiar with the Collin County Pretrial Diversion Program to discuss whether this or other options may be possible in your case.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.