Dallas Pretrial Diversion Lawyer

Dallas Pretrial Diversion Attorney

The criminal justice system exists to ensure those who break the law are punished for their crimes and repay their debts to society. However, the concept of “restorative justice” is an important one that considers the fact that every criminal case arises from unique circumstances. Pretrial diversion is an important facet of this. An experienced Dallas pretrial diversion lawyer can help you understand how this could impact your impending case.

Experienced Defense Counsel for Pretrial Diversion in Dallas, TX

Harris & Harris Law Group, PLLC, has extensive professional experience with criminal defense in Dallas. As former prosecutors, our attorneys are able to provide an unmatched level of defense representation to our clients, including those who have been accused of major crimes. The pretrial diversion programs in place in the Dallas criminal court system are important, and we can provide the legal representation you need if you seek acceptance into any such programs.

We take time to listen to each client’s unique story, understand the details of the circumstances that led to their arrest, and help them determine the most viable defenses available to them. Pretrial diversion exists to help individuals who have been charged with criminal offenses avoid incarceration and other penalties under certain conditions. Not everyone qualifies for these programs, but for a defendant who does, a Dallas pretrial diversion lawyer is an essential asset.

Your attorney can help fulfill the requirements for acceptance into a pretrial diversion program if one is available to you. This typically starts by presenting evidence that you qualify for such a program. Depending on the circumstances of your arrest and the type of charges against you, it might entail proof of a substance abuse disorder or a diagnosed mental health condition.

How Does Pretrial Diversion Work in Dallas?

When an individual qualifies for pretrial diversion in Dallas, they can have a Pretrial Intervention (PTI) Agreement created to suit their individual needs. Every PTI agreement is tailor-made for the defendant. The Dallas pretrial diversion lawyer representing the defendant must obtain the defendant’s consent for a PTI assessment. This assessment will determine whether the defendant qualifies for a PTI agreement and determine what type of program would suit their needs.

Once the district attorney office completes its PTI assessment, it will make recommendations as to whether the case should be referred to specialty court, whether a PTI agreement should be implemented, or whether the case should be referred to the Dallas County Mental Health Division. An assistant district attorney can typically negotiate the terms of a PTI agreement with the defendant’s Dallas pretrial diversion attorney.

A defendant can qualify for pretrial diversion only under certain conditions. The primary determining factor is the type of offense they committed. Certain offenses will automatically disqualify a defendant from eligibility for pretrial diversion. These include aggravated felony charges, all sexual crimes, any offense resulting in fatal injury, any form of family or child abuse, and felony intoxication charges.

Many individuals charged with nonviolent drug crimes can qualify for PTI agreements. It’s important to contact Harris & Harris Law Group PLLC as soon as possible because some diversion programs have a time limits in which to apply or you lose the opportunity for acceptance into the program. The reasoning behind this is rooted in the restorative justice theory; therefore, treatment would suit the cause of justice more than incarceration and other penalties.

Similar reasoning can apply to cases involving defendants with mental health issues. If the defendant’s pretrial diversion lawyer can show that the mental health issues impact their decision-making, the Mental Health Department will assess the defendant to determine if a PTI agreement is suitable.

The state criminal justice system also provides an avenue for those charged with prostitution-related offenses to qualify for PTI agreements. Many of the individuals charged with these offenses commit prostitution-related offenses against their will as victims of trafficking and sexual exploitation. PTI agreements for these individuals aim to provide rehabilitation and vocational avenues to help them lead safer and lawful lives.

Completing a Pretrial Diversion Program

Every PTI agreement issued by the Dallas County District Attorney’s office will include strict terms and conditions the defendant must follow to complete the program. These agreements generally require the defendant to meet certain conditions and/or classes. For example, a defendant may need to meet with a counselor, mental health provider or may be required to complete other classes or programs.

Defendants with diagnosed mental health conditions may be required to undergo extensive psychiatric counseling, group therapy, and other forms of counseling. They may be prescribed medications and be required to complete additional rehabilitative courses. However, if the Mental Health Division determines that pretrial diversion would be a potential danger to the public, they may not agree to a pretrial diversion program for the defendant.

Many individuals with PTI agreements must attend special classes. PTI agreements will also include terms pertaining to probation, so if a defendant commits any other offense, their agreement may be nullified. Remember that every PTI agreement created in the Dallas criminal justice system will have unique terms tailored to the individual defendant’s situation. Your attorney can clarify any aspects of your program that you do not fully understand.

If a defendant successfully completes their pretrial diversion program, their case could be dismissed. The defendant would also qualify for immediate expunction of the arrest record. If they do not complete the program, the defendant may be forced into a reassessment process and assigned an alternate program, or the case will proceed to standard prosecution.

If you or a family member qualifies for a pretrial diversion program, it is essential to understand and follow the terms of the program. Your Dallas pretrial diversion attorney can negotiate for you with the district attorney’s office to ensure the terms of your program are reasonable and suit your unique needs. If you have any questions about the terms of your PTI agreement, they will be readily available to provide the answers you need.

Important Differences Between Pretrial Diversion and Alternative Sentencing

Many people are aware that if they are convicted of a crime in Dallas, the sentencing judge has discretionary power to assign specific penalties as they deem appropriate. The goal of the criminal justice system is rehabilitation, social harmony, and preserving the health and safety of the public. It’s important to remember that pretrial diversion is a specific program that requires a defendant to apply. If you do not apply, you will not qualify for a PTI agreement.

If you are sentenced in criminal court, the judge handling your case must follow state guidelines when it comes to your penalties. However, some judges are willing to consider alternative sentencing in some cases. This is typically reserved for minors charged with criminal offenses and individuals arrested for the first time. Remember that alternative sentencing is never guaranteed.

If you are sentenced to probation, you will need to follow the conditions of your probation to the letter. Any violation of your probation terms or committing any other criminal offenses could lead to your probation being revoked, and then being incarcerated or ending up in prison. Ultimately, if you believe you may qualify for pretrial diversion, it is vital to discuss this option with your Dallas pretrial diversion lawyer as quickly as possible after arrest.

What to Expect From Your Dallas Pretrial Diversion Lawyer

When you choose the Harris & Harris Law Group, PLLC, as your criminal defense team, we can immediately begin investigating the details of your case, the circumstances of your arrest and booking, and we can determine whether pretrial diversion could be an option in your situation. If so, we can explain the application process and help you submit your application as quickly as possible.

When a defendant applies for pretrial diversion, their attorney will need to negotiate the terms of the PTI agreement with the district attorney’s office. Our firm has deep roots in the Dallas area, and the district attorney’s office is well aware of our attorneys’ experience as former prosecutors. Having worked in both the Tarrant County and Dallas County District Attorney’s Offices, Kevin and Keith Harris are both familiar with how these offices function day to day.

If you believe that you qualify for pretrial diversion, successfully obtaining a PTI agreement and completing your assigned program could enable you to avoid conviction for a criminal offense and have a fresh start with your life. The application process will be much easier to navigate with an experienced Dallas pretrial diversion lawyer on your side, and we will do everything we can to ensure that you qualify.

You have a limited time to apply for pretrial diversion if you have been charged with a crime in Dallas or the surrounding communities. We are ready to help you approach your case with greater confidence and mitigate your penalties as much as possible. Contact the Harris & Harris Law Group, PLLC, today and schedule your case review with our team to learn more about how a Dallas pretrial diversion attorney can assist you with your situation.