Author Archives: Eric Benavides
New Pre-Trial Diversion Standardized Requirements
A pre-trial diversion is a special program that allows someone to get a reset that is 1 year long. During that time the defendant completes a program that results in the charges being dismissed. The program typically entails random drug tests, classes, community service, reporting once a month, paying monthly fees and staying drug and alcohol free.
A pre-trial diversion is a special program that allows someone to get a reset that is 1 year long. During that time the defendant completes a program that results in the charges being dismissed. The program typically entails random drug tests, classes, community service, reporting once a month, paying monthly fees and staying drug and alcohol free.
Today in Harris County I was attempting to apply for a pre-trial diversion for my client who was charged with a Class B Misdemeanor. In the past, the program has been different court to court and judge to judge. However today, one of the chief prosecutors gave me an “application” that has the requirements for the application packet that we submit on behalf of our clients who are seeking admission into the program. He informed me that all courts are now going to be using these requirements, and that it will be standardized among all misdemeanor courts.
The new requirements are that the packet must be submitted within 60 days of the first appearance of the Defense Counsel. And also that the packet must be submitted 7 days prior to the next setting. Other requirements are as follows:
- Defendant has never been previously arrested or a party to a criminal proceeding
- Defendant will reside in Harris County, TX for the entire one-year of the Pre-Trial Diversion
- Defendant is a US Citizen or lawful resident
- Defendant submits a Pre-Trial Diversion application containing:
- Letter stating why the defendant deserves a pre-trial diversion as opposed to deferred adjudication
- Written confession and apology
- Drug test results (if a drug case)
- School transcripts (if a student)
- Employment verification (pay stubs)
- At least two letters of recommendation from NON-FAMILY MEMBERS (stating awareness of the criminal charge and continued support)
- Evidence of treatment or community service as appropriate
Any exceptions to this are at the discretion of the chief prosecutor in the court that is handling the case.
This is basically the same that has been required in most courts, however, there have been a few courts that require different things. This could potentially be a good thing if all the courts, prosecutors and judges are on the same page.
There is no indication of what types of cases or age groups are eligible. This is more than likely still going to be decided on a court by court basis. If you have any specific questions regarding the program, or if you are eligible, please feel free to call our office at 713-222-2828 for a free consultation.
Another 4 Cases Dismissed this Week
Another good week
4 more cases dismissed for the week of March 17th, 2014.
Another good week
4 more cases dismissed for the week of March 17th, 2014.
- Trial case where client was accused of interfering with the duties of an officer after being accused of trying to prevent officers from arresting his best friend.
- Criminal Mischief where client was accused of kicking down his ex-girlfriends door because she would not open it, and punching holes in the wall.
- Injury to a child where client was accused of assaulting a 14 yr old girl.
- Assault where client was accused of assaulting a fellow high school student who stole his Jordan’s.
If you have any similar cases or want need representation, call 713-222-2828 today for a FREE CONSULTATION.
Case Results: 4 Cases Dismissed
Good week for clients last weekGood week for clients last week
We had 4 dismissals!
- Theft case where client was accused of shoplifting.
- Failure to ID case where client was accused of walking into a animal cremation center and refusing to leave or give officers her name.
- Interfering w/ duties of officer where client was accused of not listening to cops (thanks to their home surveillance system on this one!)
- Prostitution where client was accused of agreeing to sex with an undercover officer in a strip club.
If you have a similar criminal case, please contact us today at 713-222-2828 for a FREE CONSULTATION!
Case Result: Failure to Register as a Sex Offender
Had a client charged with a felony for Failure to Register as a Sex Offender (facing up to 2 years in state jail), he was on probation for Indecency with a Child, so they attempted to revoke his probation. He was looking at 2-10 years in prison on the revocation.Had a client charged with a felony for Failure to Register as a Sex Offender (facing up to 2 years in state jail), he was on probation for Indecency with a Child, so they attempted to revoke his probation. He was looking at 2-10 years in prison on the revocation.
After arguing and showing proof that he did attempt to register, and that he had been at the same address for months (when they claimed otherwise), his probation was reinstated with 60 days in jail as a condition, and his new felony was reduced to a misdemeanor (Attempted Failure to Register).
He went from a minimum of 2 years in prison with 2 felony convictions, to 60 days in county and 0 felony convictions. Another happy client.
Interfering with Duties of a Police Officer - DISMISSED
Dismissal today on an Interfering with Duties of a Police Officer case. Client was accused of refusing to get out of her vehicle when the officer pulled her over, kicking, screaming, and refusing to get into the officers patrol car.