What Is Pretrial Diversion and How Can It Help Me?

 Posted on March 19,2021 in Criminal Defense

When it comes to the criminal justice system, once you are in it, you quickly begin to feel trapped. Once a criminal charge is added to your record, a certain stigma begins to follow you around. Criminal charges are public records, meaning anyone and everyone can look up your background. For many academic institutions and professional businesses, conducting a background check is simply part of the protocol and any evidence of criminal activity can immediately eliminate you from the pool of applicants. While this may seem fair for those with a past riddled with violent crimes, what about first-time offenders or those with substance abuse issues?

What Is Pretrial Diversion?

Pretrial diversion programs are voluntary alternatives to traditional criminal justice processing, such as large fines and spending time behind bars. As the criminal justice system has evolved, professionals have noticed that offenders have a tendency to re-offend once they are looped into the criminal justice system. This is known as recidivism. The stigma that comes along with a criminal background can keep offenders from securing a stable job and income, often leading them back to what they know best: a life of crime.

Pretrial diversion programs have been created in an effort to reduce recidivism and conserve criminal justice resources for more violent and dangerous offenders. The programs operate at the federal, state, and local levels, which vary depending on where you live and what level of court your case is being tried. Pretrial diversion programs give offenders the ability to make changes in their lives by providing them with the necessary resources, such as counseling, rehabilitation, and more. The programs provide the offender with a supportive, rehabilitative community to help them avoid further entry into the criminal justice system.

Am I Eligible for Pretrial Diversion?

For those facing charges in Karnes County, the eligibility requirements for pretrial diversion programs are fairly straightforward. Defendants who are interested in this alternative must not have any convictions on their criminal records. So, those who have been arrested but were not convicted are still eligible to apply for pretrial diversion. When submitting your application, you must supply a resume and a clean urinalysis (UA). Since many offenders may be facing drug charges, the clean UA shows that you are taking active steps toward improvement when it comes to your addiction. Anyone who refuses this test will automatically be disqualified from the program. You will also be required to pay a $100 fee at the time of your plea to enter into the pretrial diversion program.

Contact a Karnes County Criminal Defense Lawyer

Are you a first-time offender? You can likely avoid the harsher criminal penalties that come along with your offense by pleading to participate in a pretrial diversion program. Your plea will need to be approved, making it critical that you have a legal professional advocating on your behalf and explaining why you deserve to be a part of this program. At BRCK Criminal Defense Attorneys, we believe that everyone deserves a second chance -- and this program is your way to get it. For more information about pretrial diversion programs available in Texas, contact our experienced Karnes City criminal defense attorneys at 830-769-1010 today.

Sources:

https://napsa.org/eweb/DynamicPage.aspx?Site=napsa&WebCode=Diversion

https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/PretrialDiversionResearchSummary.pdf

http://www.co.karnes.tx.us/page/karnes.County.Attorney