What is Pretrial Diversion?
Pretrial Diversion or “PTD” is an alternative to court-ordered probation that, following successful completion of the program, allows the accused to request expunction of their arrest record. Pretrial Diversion is similar to being on probation. Although it is not a “court-ordered” probation, participants are supervised by a probation officer with the Collin County Community Supervision and Corrections Department. While applicants are not required to plead guilty in open court, they are required to admit guilt and accept responsibility for the offense. Admission into the program is voluntary but only by agreement with the prosecuting attorney and only after successfully navigating the application process.
Am I eligible for Pretrial Diversion?
If you have been arrested for or charged with a misdemeanor offense in Collin County, Texas and you have no prior criminal history, then you may be eligible for the Collin County District Attorney’s Pretrial Diversion Program. In order to be considered for entry into the program, applicants must generally meet the following criteria:
- Be represented by an attorney;
- Have no prior to criminal history;
- Be able to pass a drug test; and
- Not be charged with DWI, Assault, or other excludable offense;
These are the minimum criteria for admissibility into the program. These are not the only factors that are considered. An experienced attorney will discuss your specific circumstances and guide you through the application process in order to give you the best chance for admission into the program.
What would I have to do in Pretrial Diversion?
For misdemeanor offenses, Pretrial Diversion is 12 months in duration. Once an applicant is admitted into PTD, the following standard conditions will generally apply:
- Pay a $500.00 Pretrial Diversion Fee to the District Attorney;
- Report once a month to a probation officer;
- Pay a supervision fee of $50.00 per month;
- Abstain from the use of illegal drugs;
- Submit to and pass a drug test;
- Perform community service hours;
- Maintain employment or full time enrollment in school;
Depending on the nature of the charged offense, there may be additional offense specific conditions such as a drug evaluation or an anti-theft class. Your attorney will discuss these and other conditions with you prior to your application for admission into the program.
What are the benefits of Pretrial Diversion?
Following your successful completion of Pretrial Diversion, the case pending against you in court will be dismissed by the District Attorney. Successful completion of the program and dismissal of your case will ultimately allow you to request the expunction of your arrest record. An expunction clears your record and allows you to legally deny that you were ever arrested. For more information on expunctions, visit our Expunctions page.
How can I get Pretrial Diversion?
Remember, you must be represented by an attorney in order to be considered for Pretrial Diversion in Collin County. Contact us today, and we will schedule your Free Consultation to discuss whether PTD is right for you. We’ll also explain the other options available to you for the defense and resolution of your case.