Daily Archives: October 4, 2011
Pre-Trial Intervention (Diversion) Program
As a Houston Criminal Defense Attorney I get the opportunity to defend many young individuals during stressful times in their life. I see many young adults (17-21) who have gone their entire lives without being in trouble. Usually they are charged with some misdemeanor such as theft that stemmed from a brief lack of judgment. They typically enter my office scared that they ruined their future and are looking for guidance. Luckily in Harris County there is a pre-trial intervention program that is set up to give a second chance to young people who deserve it.As a Houston Criminal Defense Attorney I get the opportunity to defend many young individuals during stressful times in their life. I see many young adults (17-21) who have gone their entire lives without being in trouble. Usually they are charged with some misdemeanor such as theft that stemmed from a brief lack of judgment. They typically enter my office scared that they ruined their future and are looking for guidance. Luckily in Harris County there is a pre-trial intervention program that is set up to give a second chance to young people who deserve it.
The process starts by submitting a pre-trial intervention application through the chief prosecutor in the court the case is in. A basic application includes a letter of apology to the victim/complainant, a letter from the defendant explaining why they need this extraordinary opportunity, letters of recommendation, indication of future goals/plans, and indication of a stable lifestyle/mitigating facts. The court evaluates the application and decided whether or not to offer admission into the program.
If accepted, the pre-trail intervention (or pre-trial diversion) program is typically one year long (can be more for more serious offenses). During this year the case in question is reset and pending. Using a recent theft case I handled as an example, what is usually included in the program is an anti-theft class, a certain amount of hours of community service (typically 80), regular reporting to the probation department (even though you are technically not on probation), random drug tests, and a drug/alcohol evaluation. The fees associated with the program are typically not more than $60 per month as per the agreement.
The bulk of the program can be completed in the first couple of months. After that, the goal for the rest of the year is to not get in trouble. When the defendant returns to court in one year, the assistant district attorney runs a criminal background check on the defendant, and if everything comes back clear the case is dismissed.
This is a true dismissal that can expunged off a record (which destroys the record for everyone). Any good Houston Criminal Defense Attorney would tell you that a pre-trial intervention dismissal is much better than a deferred adjudication (which is a type of probation) dismissal. The big difference is the fact that pre-trial intervention dismissal is eventually expunction eligible while the deferred dismissal is only eligible for a motion for non-disclosure (which will keep the record visible to law enforcement and government agencies). If you have a case you think might be eligible make sure to contact a Criminal Lawyer in Houston who can help you.
SCRAM Monitor
Almost every Houston DWI Attorney has had a client who has been put in the unfortunate situation of placing a SCRAM device on their ankle. A SCRAM device is an ankle monitor used by certain courts in Harris county (and sometimes probation departments) that monitors an individual’s blood alcohol level. The SCRAM device works by taking sweat samples from your body every 20-30 minutes and basically uses that to tell whether or not you have been drinking. Every time the SCRAM monitor takes a reading, it stores the data, and it is eventually forwarded to the court/probation department.Almost every Houston DWI Attorney has had a client who has been put in the unfortunate situation of placing a SCRAM device on their ankle. A SCRAM device is an ankle monitor used by certain courts in Harris county (and sometimes probation departments) that monitors an individual’s blood alcohol level. The SCRAM device works by taking sweat samples from your body every 20-30 minutes and basically uses that to tell whether or not you have been drinking. Every time the SCRAM monitor takes a reading, it stores the data, and it is eventually forwarded to the court/probation department.
Most commonly this type of monitor is placed on high risk defendants, defendants with multiple DWI convictions, or individuals who have had alcohol problems during the course of their pending cases. Some courts (which exist, but are few and far between) will place this monitor on first time offenders while the case is pending. This is an unfortunate situation that arises from time to time, and unfortunately there is little defendants can do but hope their attorney can work something out with the judge.
Sometimes a standard interlock device, or at home interlock device can be substituted for the SCRAM. Both these options are better since they are both cheaper. Price is definitely one of the negatives of the ankle monitor. The SCRAM device ranges in price from $450-$500 per month, while the at home device costs roughly $150 per month, and the standard vehicle interlock costs around $80 per month. Other negatives to the SCRAM device are that the device is big. No one likes to walk around looking like a criminal, and this device looks like it belongs on a criminal. And the SCRAM monitor is a manmade science, the accuracy of the readings are questionable, but unfortunately readings are taken seriously by courts.
If you have a SCRAM monitor placed on your body in Harris County you should consult with a DWI Lawyer in Houston to see if you have any options available. Your Houston DWI Attorney should be able to consult you on your particular case and tell you what the best (and worst) case scenario is.