As I have mentioned before, there are two types of community supervision, (probation) in Texas. One is probation, the other is deferred adjudication. What a lot of criminal lawyers do not mention to their clients is Pretrial Diversion. I am not sure if the criminal attorneys that do not alert their clients of Pretrial Diversion is because of a lack of knowledge or because it is so difficult to obtain when compared to a probation or deferred adjudiction. One of the most important requirements for a person seeking entry into the Pretrial Diversion program is a completely clear criminal record. Typically, even a case that was previously dismissed will preclude someone from entering the Diversion program. If someone is seeking entry into the program in Harris County, Texas these are some of the things needed:
PRETRIAL DIVERSION APPLICATIONS SUGGESTED CONTENT
1. The application should be submitted at least one week prior to the next court setting.
2. A statement should be detailing the following: summary of the circumstances of the offense charged; a statement of any mitigating factors, including a statement of why you deserve this extraordinary benefit; a statement explaining the current home life, including information regarding support systems; the statement
must admit guilt, but it will not be used against you if you are not allowed to enter the program.
3. A complete representation of any juvenile or adult criminal history, including pending cases in other jurisdictions, arrest that have not been expunged.
4. All content should be race neutral.
5. Current family and residential information. PLEASE STATE IF YOU DOE NOT LIVE IN HARRIS COUNTY OR AN ADJOINING COUNTY OR RESIDE OUT OF STATE. THIS MAY AFFECT ELIGIBILITY. PERFORMANCE UNDER THESE AGREEMENTS IS EXPECTED TO TAKE PLACE IN HARRIS COUNTY, TEXAS. THEY ARE NOT TRANSFERABLE.
6. Photographs, original awards or certificates; you may have received.
7. Include verification of current and past school enrollment, including transcript, if possible.
8. Include verification of your current and past employment (Resume suggested).
9. Letters of recommendations (at least 2).
THE APPLICATION PACKET SHOULD BE LIMITED TO 10 PAGES OR LESS
ALL APPLICANTS ARE EXPECTED TO BE DRUG FREE WHILE THEIR CASES ARE PENDING AND MAY BE TESTED ON THE DATES THEIR CASES ARE SET IN COURT. THE INABILITY TO PASS A DRUG TEST ON THE DATE THE CONTRACT IS TO BE SIGNED MAY CAUSE THE APPLICATION TO BE DENIED.