OK I hope somebody can really help me out here. I am being charged with a 2nd degree felony burglary of a habitat. I have a court appointed lawyer. I, my lawyer, and the two other people I was with are very clear of how it happened I never stepped into the house or touched anything but because I was there and involved I am being punished as an accessory, I guess that is what its called. I have never been in trouble before and I have no previous record and have never been arrested. I have a court date on the 25th of this month. My lawyer says she talked to the DA about a ptd program I'm assuming that is the pretrial diversion program. But I have no idea what that is. What it will require. I currently am in denton county Texas. But my fiancé and I have been approved for an apartment in fort worth (tarrant county texas) we are just waiting for this to move in. so my question is what is the PTD program? And would they possibly work with me? Is it transferrable? And what is 3 years deffered probation? I'm just so lost and confused and nobody has been very cooperative in helping me understand this I would greatly appreciate the help. Thanks!

You really need to ask your lawyer. He/she will be happy to explain this to you. You may just need to take time to got to his/her office.

The short answer is: pretrial diversion is a form of deferred prosecution. You normally enter a plea of guilty, however, sentencing does not occur. You may then be supervised by a probation officer. If you complete this program, the plea is set aside and you have no conviction.

If you will be supervised by a probation officer, you will have to have the officer OK any move prior to the move.

You will also need to ask your attorney about firearms. In my jurisdiction, once you plead guilty, you are considered a convicted felon for purposes of possessing a firearm, regardless of the fact that there is no Judgment of Conviction.

I believe each county is slightly different. I too am researching what a Pre-trial Diversion Agreement means for a totally unfounded charge on my father-in-law in Denton County. What I found so far does not agree with SmellyDogsMom's answer. From the website of a Harris County lawyer (David Breston) which also agreed with a Brazos County lawyer's response -

"A pre-trial diversion is an agreement with the State to dismiss your case if you can comply with a one year “contract� that you sign. This contract is very similar to probation, but not as rigorous. You will still be subject to some of the same restrictions possible on a straight probation such as random drug tests and treatment classes, but there will not be conviction if you can complete your pre-trial diversion.

Pre-trial diversions are available most commonly to first time offenders with low dollar thefts and other low level crimes. You have to request this special program, and then prove to the State why you are a good candidate. Some things they ask for are a letter from you explaining why you deserve this special opportunity, proof that you have a support system, proof that you are attempting to do something with your life, and proof of your plans for the future.

If you are lucky enough to be granted a Pre-Trial diversion, your court case will be reset for one year. If one year later you come back after successful completion of the program, your case is dismissed. On the other hand, if you violate any terms of your program, the diversion can be revoked and your case resumes immediately as if the diversion was never granted."

I think each case is handled separately so drug/DWI cases would be different than yours. From what I can tell, you meet their requirements for a year and don't get into trouble then the case will be dropped.

Hope this helps!

Keep searchng out your legal charges and legal terminology that you don't understand on the internet..


What is Pretrial Diversion? | Suite101


What is Pretrial Diversion?

Pretrial diversion, also called pretrial intervention, can give first-time offenders a second chance at having a clean criminal history.

Posted by William L. Pfeifer Jr. | Last updated: Mar 25, 2013

In many jurisdictions, individuals arrested for the first time are given an option for keeping the crime off their record without having to go to trial. Pretrial diversion is a program for certain first-time offenders to give them a second chance to avoid being marked by a felony conviction for the rest of their lives. It is known by a variety of names, such as pretrial diversion, pretrial intervention, withheld adjudication, good behavior, withdraw and file, deferred prosecution, and withheld sentencing.

While the details of the program vary somewhat from one place to another, the basic structure is usually the same. An individual who is charged with a first criminal offense of a relatively minor nature (charges like murder or rape are not going to qualify) and who appears to be an individual who is not likely to be a repeat offender may be given the option of pretrial diversion. If the person accepts the offer, then he or she will enter a plea of guilty to the criminal offense, but the judge will not enter an order adjudicating him or her guilty. A person is not guilty until a judge issues an order finding that person guilty, so at this point the person is in limbo between pleading guilty and being convicted.


Rather than find the person guilty, the judge withholds adjudication for a certain period, and places the defendant under certain restrictions similar to being on probation. If the individual complies with the terms and conditions of the pretrial diversion agreement, then at the end of the time the charges are dismissed and the person is not convicted of the crime. This enables someone who made a one-time stupid mistake to get another chance at life with a clean record.

However, if the defendant violates the terms of the deferred prosecution agreement, then he or she will be brought back to court for a sentencing hearing. Common ways a person could violate the program include getting a new arrest, failing a drug test, or failing to complete a court-ordered treatment program. Because the person already entered a guilty plea to the charge, he or she no longer has the right to go to trial on the case. Thus, if the judge determines that the defendant failed to complete the pretrial intervention program, then the defendant will be convicted and sentenced for the crime.

Pretrial diversion is a great way to keep a one-time mistake from ruining a person's life with a criminal conviction. Anyone who gets arrested, does not have a criminal history, and does not want to go to trial should ask about entering pretrial diversion.

If your attorney is recommending pretrial diversion, and you don't understand what it is, or what it entails, your attorney is not doing her job. Clearly.

Insist that your attorney answer your questions. If she cannot do so, you should ask the judge for another attorney.

Quote:

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Originally Posted by SmellyDogsMom

...You will also need to ask your attorney about firearms. In my jurisdiction, once you plead guilty, you are considered a convicted felon for purposes of possessing a firearm, regardless of the fact that there is no Judgment of Conviction.

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Your jurisdiction is unusual. Normally pre-trial diversion does not constitute conviction.

Oh. I just noticed that this is an old thread. Sandy, please don't do that.