Have you been charged with a DWI in Texas? If so, you are likely concerned that you won’t be able to keep working and providing for your family during your trial. If your case qualifies, one of the options you might have if you are facing Texas DWI charges is a program called pretrial diversion in Texas. That said, not everyone charged with a DWI is eligible to participate in a Texas pretrial diversion program. Read on to learn some basic information about pretrial diversion programs in Texas and if your case qualifies.
WHAT IS PRETRIAL DIVERSION IN TEXAS?
The pretrial diversion program in Texas is a program offered by the prosecution to offenders charged with some misdemeanors and felonies, as a way to enable them to take responsibility for their offenses without being convicted. If an offender successfully completes such a program, it could result in a dismissal of charges. In cases of DWI, pretrial diversion programs offer supervision for eligible first-time DWI offenders in Texas, in an effort to help rehabilitate those offenders and give them a second chance. Most Texas pretrial diversion programs will last for six months to a year (though some might be longer), involve completion of community service, require completion of alcohol and/or drug education classes, order attendance at counseling, enforce reporting to a probation officer, and potentially necessitate permission to leave the state.
DWI PRETRIAL DIVERSION PROGRAM ELIGIBILITY
Pretrial diversion programs in Texas for DWI offenders have many eligibility requirements. There are specific qualifying criteria that determine whether an offender can participate. The program eligibility requirements can vary, depending on the judge assigned to the case or the specific court in which the case would have been prosecuted. Note that even if an offender meets the diversion program’s eligibility requirements, he or she still might not be approved for the program; a professional criminal defense attorney can help an offender understand the circumstances under which this might occur.
COMPLETING A DWI PRETRIAL DIVERSION PROGRAM
A DWI program requirements are outlined in a contract between an offender and the overseeing entity (e.g., the local police department, court, or district attorney’s office); these contracts are tailored to each offender based on the specific charges and the offender’s potential rehabilitative needs. The offender is obligated to complete the specified requirements delineated in the contract over a set period in order to have an opportunity to have the case dismissed. The prosecutor must pause their case while the offender participates in a Texas pretrial diversion program–this is how the offender attempts to take responsibility for the DWI, rather than being prosecuted, convicted, and sentenced in court.
If you or someone you love has been charged with a DWI in Austin, Texas, you should inquire about possible eligibility for a Texas pretrial diversion program. Seek out Austin pretrial services and professional legal representation from a reputable and experienced criminal defense attorney who is familiar with DWI cases. The experienced and qualified legal team at Erskine Law can help you in the Austin, Texas area. Brian Erskine is a caring and competent attorney who will help you understand the charges against you and determine if you qualify for pretrial diversion in Texas; if you choose to apply for the program, he will help you navigate the process. For a free consultation and more information about the legal services available from the knowledgeable and skilled team at Erskine Law, contact Law Maverick Brian Erskine.