Texas Pretrial Intervention and Diversion

Board-certified defense attorney assists accused clients in San Antonio, TX

Pretrial intervention and diversion are terms that describe an alternative criminal justice process, one that stresses rehabilitation over harsh incarceration. Recognizing that the prison system often does more to harden offenders than to reform them, the Texas legislature has empowered counties to create specialty courts. These courts often defer prosecution by requiring the defendant an opportunity to complete a program and possibly provide restitution to victims. In San Antonio, Kevin L. Collins, P.C. represents individuals accused of criminal offenses, many of whom benefit from pretrial intervention and diversion. If you have been charged with a serious crime, but would benefit from a program available through a specialty court, we can argue for an alternative to prosecution if warranted by the circumstances.

Specialty courts in San Antonio

Each county develops its own rules for its diversion programs. Some of programs involve hearings in a specialty court, such as:

• Adult drug court — Certain accused nonviolent offenders with a diagnosed substance abuse problem can receive treatment and counseling in lieu of prison time through the drug court.
• Felony drug court — First offenders whose nonviolent possession of a controlled substance is a felony drug crime can also go to drug court is they meet the requirements.
• DWI court — This optionncollinslaw.com might be open to defendants on probation with a prior DWI conviction and who are high-risk due to a diagnosed alcohol dependence.
• Family drug court — Parents whose drug and/or addiction has taken a toll on their family might be eligible for this type of proceeding.
• Mental health court — Open to individuals whose mental health challenges, such as major depressive disorder, bipolar disorder, schizophrenia, schizoaffective disorder, and/or anxiety disorder, have resulted in legal violations and arrest.
• Veterans treatment court — In conjunction with the U.S. Department of Veterans Affairs, this court serves veterans struggling with post-traumatic stress disorder, a traumatic brain injury, substance abuse and/or mental health problems.

To have your case diverted from criminal court to the appropriate specialty court, your attorney has to convince the judge and prosecutor that you are a good candidate for diversion. If the prosecutor agrees to defer prosecution, you get an opportunity to complete a program and have the charges dropped.

Advantages of misdemeanor and felony pretrial diversion programs

Diversion programs offered by specialty courts help some accused individuals overcome their legal problems while they avoid a criminal record that hampers their ability to be part of the law-abiding community. When you enter a diversion program through a specialty court, you are placed on pretrial probation. You’ll be given conditions, tailored to your situation, which you must meet to complete the program. Generally, conditions include:

• Meeting frequently with your probation officer
• Meeting frequently with your judge
• Entering rehab, receiving counseling and/or attending group therapy sessions
• Submitting to random drug testing
• Maintaining employment or a course of studies
• Following other specific instructions given by the judge

When you complete the program successfully, the prosecutor will withdraw the charges against you, and you can expunge your arrest record. With an expungement, you can legally answer “No” to questions about whether you’ve ever been arrested.

Attorney Kevin L. Collins has helped many clients facing criminal allegations clear their records through pretrial diversion. He’s ready to help you do the same.

Contact a certified criminal defense lawyer with pretrial diversion experience in San Antonio

Kevin L. Collins, P.C. helps criminal defense clients qualify for pretrial diversion and deferred adjudication throughout the San Antonio area. If you have been arrested, call immediately at 210-598-8629 or contact the office online. The law office is conveniently located in the heart of downtown San Antonio.