Posts Tagged ‘Texas Pretrial Diversion Program’

Texas Pretrial Diversion Program for Drug Charges

Friday, November 1st, 2013

When you are charged with drug possession, you feel as though your life has been crushed, especially if you have been caught with a very small amount of marijuana or a small amount of a controlled substance.  You have made a mistake and are unsure of just how serious the consequences may be.  You could be facing significant fines and possible jail time.  However, Texas law requires that counties with populations of 200,000 or more people establish drug court programs as a way to rehabilitate drug users as opposed to punishing them with jail time.

In Dallas, the drug court program is known as DIVERT, which means Diversion and Expedited Rehabilitation and Treatment.  The program allows certain individuals to go through a program that educates them about drug abuse, assists individuals in other education and employment services, and helps transition individuals into a drug-free environment.  For first time drug offenders, this option may be considered the best way out of a potentially devastating situation where you may be left with a criminal record.

What Crimes Are Eligible for Dallas County’s DIVERT Program?

Dallas County’s drug court program covers the following drug-related charges:

  • Possession of Marijuana (between five ounces and five pounds);
  • Possession of a Controlled Substance (less than one gram) – this includes cocaine, ecstasy, meth-amphetamine, narcotics, etc.; and
  • Controlled Substances Obtained by Fraud (for example, if you have obtained narcotic pain medication by false means)

If you have been convicted of a prior drug offense, no matter how small, you may not be eligible for the DIVERT program, however, an attorney may be able to negotiate with the prosecutor who charged you in order to show that there are other reasons why you should be eligible for the DIVERT program.

What Crimes Are NOT Eligible for Dallas County’s DIVERT Program?

If you have been charged with distribution or delivery of a controlled substance, a DWI offense, assault or any other prior criminal charge, you may not be eligible for the DIVERT program.  This is why it is extremely important to get stay clean after your first offense, because otherwise, you may be facing serious jail time.

What Happens After I Complete the DIVERT Program?

If you have successfully completed the DIVERT program, the charge against you, whether it was for possession of less than one gram of a controlled substance, or a small amount of marijuana, will be dismissed and will not be on your criminal record.  However, if you do not successfully complete the program, the prosecutor will pursue the original charge against you.  While a lot is at state in the DIVERT program, the process allows offenders to get their lives back on track and walk away from the program with a clean slate.

Contact Jack Pettit Today to Discuss Your Criminal Matter

If you have been charged with possession of drugs, you need to contact an experienced criminal defense attorney as soon as possible.  Attorney Jack Pettit has the skill and knowledge to seek the best resolution possible for your particular drug charge.  Depending on your criminal history, you may be eligible for programs that do not require jail time.  The worst thing you can do after being charged with a drug possession crime is to not seek the advice of an experienced attorney.  Mr. Pettit is the seasoned attorney you need to ensure you are not being overly punished for a small drug possession crime.  Contact our office today to schedule an appointment with Mr. Pettit, by calling 214-521-4567.  We offer services in both English and Spanish, and also accept major credit cards.