A pretrial diversion program diverts a criminal case before trial. When a person is offered the opportunity to participate in a pretrial diversion program, their criminal charges could end up being dismissed upon successful completion of the program.
Pretrial programs are typically offered to alleged offenders facing criminal charges for the first time, but other people could be eligible in certain circumstances. For most first-time or other nonviolent offenders, a pre-trial diversion program is a welcome reprieve from the lasting effects of a criminal conviction.
Pretrial Diversion Programs Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you need assistance with a pretrial diversion program in Collin County, or any of the surrounding areas in Texas, contact the Law Offices of Richard C. McConathy. Our firm has helped scores of Texans navigate this occasionally complicated process.
Attorney Richard McConathy will be able to walk you through the entire process so you can be confident that you are complying with all state requirements. Call the Law Offices of Richard C. McConathy at (469) 304-3422 about your case.
Collin County Pretrial Diversion Programs
Collin County uses the Burden to Blessing program that allows participants to get equipped with problem-solving skills, communication skills, better job options, more self-awareness, and expunction of their charge. Burden to Blessing is a 6 to 12-month innovative, affordable probation path that includes life and job skills training to put participants on a more successful path than the one that led to the offense.
An alleged offender can have no prior adult felony convictions and no prior convictions for violent misdemeanors. Arrest history, as well as the final disposition of charges, will be reviewed and considered. Exceptions may be approved by the Diversion Prosecutor.
If an alleged offender is 25 years of age or less and possesses a juvenile record of criminal offenses indicative of disregard for criminal laws, they may be disqualified for entry into the Diversion Program based on this record. Exceptions may be approved by the Diversion Prosecutor.
Each case is reviewed on a case-by-case basis. Cases may be denied from the Diversion Program for any reason including the following: late application, nature of the offense, facts of the case, alleged offender’s criminal history, alleged offender needing more support than the Diversion Program can offer, failure to schedule PTD Orientation, failure to appear for PTD orientation, positive drug tests, missing a court date, or additional arrests.
The Diversion Program does not accept those charged with violent offenses, domestic violence offenses, sexual-offender-related offenses, offenses involving the neglect or abuse of children, offenses involving weapons, or Driving While Intoxicated (DWI) or related offenses. Any and all offenses arising out of the same transaction of an ineligible offense will also be ineligible for the Diversion Program.
Exceptions may be approved by the Diversion Prosecutor. Entry into the Diversion Program may be denied for any reason, including the circumstances of the offense.
Collin County Pretrial Diversion Program Timelines
There are different timelines for the pretrial diversion program depending on whether a person is charged with a misdemeanor or a felony. The times listed for each event are approximate and the amount of time between events will vary depending on each case.
Examples of factors affecting the time frame include the type of offense, the arresting police agency, and the time it takes for the substance to be tested by a lab. In general, timelines are as follows:
Timeline for admission to Burden to Blessing for a misdemeanor charge:
- 30-60 days after arrest: Police agency submits the case to district attorney’s office
- 7-30 days after case submitted: District attorney’s office reviews and files case
- 7-14 days after case filed: Court clerk sends notice of first court appearance date
- 30 days after clerk sends notice: First court date
- Within 30 days of first court date: Application to get into program due
- 14 to 30 days after submitting an application: Case reviewed by trial team prosecutors
- Within 7 days of review: Defense attorney notified of approval
- 10 days: Applicant has 10 days to schedule an orientation
- Within 30 days: Applicant attends pretrial diversion program orientation and is admitted to pretrial diversion program within a week
Timeline for admission to Burden to Blessing for a felony charge:
- 90-120 days after arrest: Police agency submits the case to district attorney’s office
- 60-90 days after case submitted: District attorney’s office reviews and grand jury indicts case
- 2-3 days after case indicted: Court clerk sends notice of first court appearance date
- 14-21 days after clerk sends notice: First court date
- Within 30 days of first court date: Application to get into program due
- 14 to 30 days after submitting an application: Case reviewed by trial team prosecutors
- Within 7 days of review: Defense attorney notified of approval
- 10 days: Applicant has 10 days to schedule an orientation
- Within 30 days: Applicant attends pretrial diversion program orientation and is admitted to pretrial diversion program within a week
Collin County Pretrial Diversion Program Application Requirements
All applications must include: a signed agreement, a sworn statement, a personal statement, and completed and signed Collin County Community Supervision and Corrections Division (CSCD) forms.
The alleged offender must voluntarily, knowingly, and intelligently sign the Agreement stating that he/she has been fully advised of his/her Constitutional Rights, including, but not limited to, the right to remain silent regarding the facts and circumstances related to the offense for which the alleged offender has been arrested/charged.
This Agreement also states that the alleged offender has waived the right to a Speedy Trial on the said offense for the period of time required for a final decision regarding the Application. In the event the alleged offender is accepted into the Diversion Program, the alleged offender waives his/her right to a Speedy Trial until the alleged offender is terminated from the program, whether satisfactorily or unsatisfactorily. The alleged offender’s attorney shall be required to confirm that he/she has also advised the alleged offender of these same rights.
This document also includes both mandatory items for all alleged offenders, as well as an acknowledgment that CSCD may assess other conditions which are designed to help the alleged offender overcome issues that led to the criminal offense and to expand their life skills to help them be successful, non-offending adult members of the community. Alleged offenders are responsible for ALL costs associated with any contract items.
Alleged offenders must submit a sworn statement as part of the Diversion Program application. The alleged offender must voluntarily, knowingly, and intelligently execute a signed and sworn typed statement relating to the facts and circumstances of the offense for which the alleged offender has been charged. The application will be rejected if the alleged offender’s factual statement is not consistent with guilt.
If the alleged offender is not accepted into the Diversion Program the provided statement will not be used as evidence against the alleged offender in the State’s case in the event of trial on these charges; however, if there is a trial on these charges and the alleged offender testifies, the statement may be used as rebuttal evidence for purposes of impeachment.
If the alleged offender is accepted into the Diversion Program and is subsequently unsatisfactorily terminated from the Program, this statement may be used as rebuttal evidence in the State’s case, if there is a trial on the charge for which the alleged offender applied for entry into the Diversion Program.
Upon applying for entry into the Diversion Program and prior to any further processing of such application, the alleged offender must submit a personal statement relating to why he/she wants to participate in the Diversion Program, what he/she is going to do with this second chance, and how participation in the Diversion Program will affect his/her life.
The participant may be denied from the program if the alleged offender’s personal statement does not show a sincere desire to be admitted into the program and a commitment to change.
Alleged offenders must fill out and sign the CSCD forms as a part of the Diversion Program application.
Collin County Resources for Pretrial Diversion Programs
Burden to Blessing Pre-Trial Diversion Program Application ― Download and access an application to the Burden to Blessing program. Find an agreement as well as the necessary CSCD forms. Any omission or false statements on the application will be sufficient cause for denial of admittance into Collin County’s pretrial diversion program.
Pretrial Diversion | Northern District of Texas ― View pretrial diversion program guidelines relating to the Northern District of Texas. The U.S. Attorney, in their discretion, may divert any individual against whom a prosecutable case exists and who is not accused of an offense which, under existing Department guidelines, should be diverted to the State for prosecution; a person with two or more prior felony convictions; a public official or former public official accused of an offense arising out of an alleged violation of public trust; or accused of an offense related to national security or foreign affairs. Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.
Find A Collin County Attorney for Pretrial Diversion Programs | Law Offices of Richard C. McConathy
Contact the Law Offices of Richard C. McConathy today for a consultation about a pretrial diversion program in Collin County in Texas. Richard McConathy is an experienced criminal defense attorney who will make every effort to find applicable defenses in your particular case to have your charges reduced or even dismissed.
Contact the Law Offices of Richard C. McConathy right now at (469) 304-3422 or contact us online for a free consultation. We also serve the surrounding counties of Denton County, Wise County, Kaufman County, Dallas County, Grayson County, Rockwall County, Johnson County, Ellis County, and Parker County.