The Difference between Pre-Trial Diversion and Deferred Adjudication in Bexar County, Texas
First time arrest? When someone is arrested in Bexar County, Texas, for the first time, it is common to have questions and overwhelming feelings of depression. You feel like a criminal. You have to report to a pre-trial officer. You have been a good person all your life, and now you face the prospect of being defined by your arrest. The common question becomes does it make any difference if you have no criminal record? Does it matter that this is your first-time arrest? The good news is, in the hands of the right lawyer, a clean criminal record can make a significant difference in how your case is resolved.
Your Attorney’s Job
When you have a clean criminal record and you get arrested, your attorney’s first job is to try and put you back in the position of having that clean criminal record. No one can change the past. That’s true. So how can an attorney restore someone’s clean criminal record? Certain results can allow you to restore your record. For instance, if your case is dismissed, you can be eligible for an expunction. If you get found not guilty by a jury, your case can be expunged. An expunction is a court order that requires the State to destroy all records of the arrest. It is the best possible result for a criminal case. But what happens if your case can’t get dismissed? What happens if your case is not appropriate to try to a jury? In certain circumstances, your attorney can qualify you for a program that will allow you to restore your clean record.
What is Pre-Trial Diversion in Bexar County, Texas
Pre-Trial Diversion resolves your case without giving you a permanent criminal record. It allows you to participate in a program, and once you qualify and are accepted, the case is dismissed. Once the program is completed, you are eligible for an expunction. This means that you can have your clean record restored, and the State can be ordered to destroy all records of your arrest.
What is the Difference Between Pre-Trial Diversion and Deferred Adjudication?
The difference between pre-trial diversion and deferred adjudication is that one stays on your record and the other does not. Both programs result in a dismissal. However, once someone gets a deferred adjudication, they cannot get that case expunged. It can be sealed. However, that is not an expunction, and the case will remain on your record.
What’s the Difference Between a Dismissal and a Pre-Trial Diversion?
The difference between a dismissal and a pre-trial diversion is that once a pre-trial diversion is completed, you are eligible for an expunction. If the case is dismissed, the State can bring it back or re-file it, so you have to wait until the statute of limitations expires before you can get your case expunged.
How do you Get a Pre-Trial Diversion?
Pre-Trial diversion sounds awesome, right? But how do you get it? Not everyone accused of a crime gets the chance to participate in pre-trial diversion. If you have a criminal record you will (most likely) not be allowed to apply for pre-trial diversion. It must be your first time arrest. If you are accused of a DWI, you cannot receive pre-trial diversion. Additionally, it is difficult (but not impossible) to receive pre-trial diversion. In Bexar County, the prosecutor’s office controls who can and who cannot apply for pre-trial diversion. Many of our clients have received the prosecutor’s recommendation to apply for pre-trial diversion. These clients have gone on to complete the program and gotten their records destroyed.