Tag Archives: Harris County
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.
Immigration and Customs Enforcement Holds (ICE Holds)
Immigration Holds in Harris County Jail
If you are undocumented in the United States and you get arrested in Harris County, there is a good possibility that an Immigration “ICE” Hold will be placed on you once you get to the county jail. From speaking to many of our clients, what usually happens is the intake officers ask you if you are a citizen or legal permanent resident. If you answer “no”, then they put you in a different holding cell so that you can be interviewed by immigration. If immigration determines that you should be placed into deportation proceedings, then an ICE hold will be placed, and you will not be able to bond out.
Immigration Holds in Harris County Jail
If you are undocumented in the United States and you get arrested in Harris County, there is a good possibility that an Immigration “ICE” Hold will be placed on you once you get to the county jail. From speaking to many of our clients, what usually happens is the intake officers ask you if you are a citizen or legal permanent resident. If you answer “no”, then they put you in a different holding cell so that you can be interviewed by immigration. If immigration determines that you should be placed into deportation proceedings, then an ICE hold will be placed, and you will not be able to bond out.
Sometimes, even if you have an ICE hold, you can still pay the bond, but it is generally not a good idea. What ends up happening is, you pay the bond, and when you are getting released from jail immigration is waiting for you to send you to the immigration detention center. The problem is you never finish your criminal case. Once immigration finds out that you have a pending criminal case, they will usually send you right back to the county jail pursuant to a bench warrant from the criminal court. What tends to happen is the person in custody misses their criminal court date because they are with immigration. Missing criminal court can cause your bond to be forfeited, and that means you (or your bonding company) lose the money from the bond, causing more problems.
It is typically better to finish the criminal case first, and then work on the immigration case. In our office we always sit down with our client and their family and advise them what is the best option for them. Sometimes the best option is to plea guilty quickly to get the individual over to immigration where we can request a bond. Other times, the best thing to do is stay at the county jail and fight the criminal case, because some criminal convictions can essentially be automatic deportations. Either way, when the case is over the person in custody gets transferred to immigration.
There are some exceptions, we have had clients with ICE holds who were not taken to Immigration, and we have had undocumented clients who were not given ICE holds at all. There is no firm system in place, it seems to be a case by case evaluation that immigration makes. Every situation is different, if you find yourself having questions about this issue please feel free to contact us at our office number 713-222-2828 and we will be more than happy to evaluate your case.
Harris County DWI Pre-Trial Intervention Program
Harris County has a relatively new Pre-Trial Intervention Program (PTIP) for individuals charged with a first DWI. A similar program, the DIVERT program, no longer exists, and the PTIP is now taking its place. It is similar to DIVERT, but it is much harder to get into the program. (Not all judges allow entry)Harris County has a relatively new Pre-Trial Intervention Program (PTIP) for individuals charged with a first DWI. A similar program, the DIVERT program, no longer exists, and the PTIP is now taking its place. It is similar to DIVERT, but it is much harder to get into the program. (Not all judges allow entry)
Pre-Trial Intervention Program Eligibility
To be eligible you must:
- Be charged with DWI in Harris County Texas
- This must be your first arrest of your adult life
If you have ever been arrested for any crime at all, even if the case was dismissed, you are more than likely not going to be accepted into the program. That does not seem fair at all, but at this point, that is how things are working. Juvenile convictions/arrests are ok, as long as you disclose those on your application for the program.
Factors to being rejected from PTI Program
Other things that could cause you to be rejected from the program (on a case by case, judge by judge, basis) are:
- A breath or blood test of over .15
- Getting into a traffic accident as part of the DWI
- Not having a valid license at the time of the DWI
- Not having insurance at the time of the DWI
If you are eligible for the DWI PTIP, you will have to pay $202 to be interviewed and do a SALCE (Substance Abuse Life Circumstance Evaluation) test, which is a test that predicts your alcohol and drug risk level as a part of the program.
You will also have to pay a “DA Fee” of $130 and possibly submit to a drug test. Finally, you must include a letter discussing the night of your DWI, and accepting responsibility. After all of that, if you are accepted into the program, a contract is drawn up by the District Attorney’s office for you to fill out with your attorney.
Contract with the District Attorney
Typical contract terms include:
- 1 year program
- Community service
- Monthly fees
- Monthly meetings
- Random drug tests
- Ignition interlock device
- DWI education class
Other items such as AA classes/counseling/drug treatment can be added as recommended based on the SALCE exam, and the circumstances surrounding the case. After the contract is filled out, you go before the judge, and the judge enters you into the program. You meet with the probation officer of the court, attend an orientation that same week, and start your monthly meetings the following month.
The case is reset for 1 year, and if you successfully complete all of the terms and conditions of the program, the case is dismissed on your next court date. However, if you do not comply with the terms and conditions, the program can be terminated at any time, and your case continues as if there was never an agreement.
For more information about the Harris County DWI Pre-Trial Intervention Program, please contact us today for a free consultation.