First Chance Intervention Program

Harris County’s new program, the First Chance Intervention Program has been initiative by the DA’s Office, in cooperation with the Harris County Sheriff’s Office and the Houston Police Department. It is for individuals caught with a class B amount (0-2 ounces) of marijuana.

Eligibility for First Chance Intervention Program

A person is considered a first offender and is eligible to participate in the First Chance Intervention Program program if he or she:

  • Is detained or arrested for possession of marijuana, 2 ounces or less;
  • Possesses sufficient identifying information;
  • Has no additional charges out of the instant detention/arrest (other than Class C tickets);
  • Has no outstanding warrants or holds (including Class C charges);
  • Has no criminal convictions as an adult (Class B offense or greater);
  • Has never received probation or deferred adjudication (Class B offense or greater);
  • Is not currently on bond, deferred adjudication or probation (Class B offense or greater); and
  • Has not previously participated in this program or another pretrial intervention program.

If a person is arrested the arresting officer will advise the person detained about the program. If the person detained is interested in participating in the program, Pre Trial Services will be notified of their interest, they will be provided with program information, and released. The person then has three days to contact Pre Trial Services to schedule an assessment. Based upon the assessment, the person will be offered a 60 day program during which they will be required to perform 8 hours of community service, or offered a 90 day program during which they will be required to participate in an 8 hour cognitive skills class. There is a non-refundable fee for the program of $100. Should a participant fail to comply with the requirements of the program, the charge will be entered into the system and an arrest warrant will be issued for the individual. If the person successfully completes the First Chance Intervention program no charges will be filed related to the arrest.

Since the First Chance Intervention Program program is a pilot with only the Houston Police Department and the Harris County Sheriff’s Department, any individual arrested by another agency who would otherwise be eligible for the program will be arrested and appear on the Misdemeanor Court dockets. At that point they will be assessed at 49 San Jacinto, behind the courthouse, and if accepted they will do a type of pre-trial diversion with the above 60 or 90 day requirement.

Completing the Program

Pre-Trial Services will notify the Harris County District Attorney’s Office if the participant has successfully completed the program or violated the conditions of the agreement. For defendants that violate the terms of the agreement, the criminal case will resume until disposition. If the defendant has successfully completed the program, the prosecutor will dismiss the case and send a letter to the defense attorney advising him that his case has been dismissed, and that he does not need to return to court. The hope is that once the defendant has signed up for the First Chance Intervention program, they will not need to return to court.

Eric Benavides
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Eric Benavides

Criminal Defense Attorney at Benavides & Serrano
Eric Benavides is a Houston Criminal Defense Attorny and immigration lawyer.He is one of the co-founders of Benavides and Serrano.He is a member of the Harris County Criminal Defense Lawyers Association, Texas Criminal Defense Lawyers Association, Houston Young Lawyers Association, and is licensed to practice law in the state by the Supreme Court of Texas and federally by the Southern District of Texas.
Eric Benavides
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