SAMPLE HARRIS COUNTY, TEXAS PRETRIAL DIVERSION CONTRACT

As a Houston Criminal lawyer, I help people in different ways. One way I help people is by keeping a conviction off their permanent record. A pretrial diversion allows this to happen. Best of all, it allows someone to have their record cleared after they complete the program. Below you will find a sample contract to enter the pretrial diversion program.

If you have any questions about a pretrial diversion contract please do not hesitate to contact me. Please be advised that may apply to most cases like assault, child abuse, sexual assault, theft, shoplifting, possession of marijuana, or even public lewdness.

MOTION AND AGREEMENT FOR PRE-TRIAL INTERVENTION
COMES NOW, HARRIS COUNTY, DEFENDANT, the defendant in the above-styled and numbered cause and the State of Texas, by and through the District Attorney, and requests the Court to reset this case until one year from the date this document is signed.

As grounds for said request the defendant would show the Court as follows:

Name and Offense
My name is HARRIS COUNTY, DEFENDANT, and this is my true name and I have never used or been known by any other name. I am charged with and I am guilty of the offense of Houston, Harris County, Texas crime.

This offense is alleged to have occurred in Harris County, Texas, on or about January 1, 2000.

I have never been charged with an offense, other than a minor traffic offense, except as may be explained in an attachment to this motion which shall be made a part hereof for all purposes, in this or any other jurisdiction.

Prior Criminal History

I have never been convicted of any offense, except as may be explained in an attachment to this motion that shall be made a part hereof for all purposes, in this or any other jurisdiction.

I have never been granted probation or deferred adjudication, except as may be explained in an attachment to this motion which shall be made a part hereof for all purposes, nor have I been previously placed in any type of intervention program in this or any other jurisdiction.

Drug and Alcohol Issues

I am not an abuser of alcohol or any other chemical substance and will voluntarily take a urine test or any other test to determine the presence of a chemical substance whenever requested by the Harris County Community Corrections and Supervision Department (hereinafter called the “Department”). I will take the S.A.L.C.E. test and provide a sample of my urine to the said Department within 30 days of the date of this Agreement. I will submit to a random urine analysis at the direction of my Supervising Officer during the period of this Agreement.

Community Supervision Programs

I agree to participate faithfully in the following program(s) supervised by the Department:
I further agree to participate in all programs recommended by the Harris County Community Supervision and Corrections Department.

Fees

I agree to pay fees as directed by the Court or by the Department to cover the cost of my participation in the intervention program. I understand that the total of these fees will not exceed $60.00 per month beginning one month from today. I will pay a drug testing fee of $5.00 per month beginning April 2, 2012.
I will pay a fee of $12.50 and obtain an Offenders Identification Card within thirty days of the date of this agreement.

Reporting

I will report to the Department today, ______ and on the 2nd day of each and every month thereafter, unless otherwise directed in writing by the Department or by the court, until _____ Community Service I will voluntarily and faithfully participate in community service programs for a total of ____hours over the next three hundred sixty-five days as directed by the Department at the rate of a minimum of 8 hours per month beginning April 2, 2012.

Other Conditions

I agree that I will not violate the laws of this state, any other State, the United States, or any political subdivision of these jurisdictions during this intervention period. I agree that should any such violation occur this agreement is immediately void and without force and effect.

Theft Cases

I will not enter a Store during the period of this Agreement.

Law of Parties Cases

I stipulate, admit, and confess that I committed the above-listed offense with the following individuals:

Defendant’s Information

My home address is in Houston, Texas.
I will not change my home address without first giving written notice to the Department within five days of each such change.

General Conditions

I will appear in his court as directed by the court or by the Department. Notice of my appearance date may be mailed to me at the above home address unless I have given written notice of a new home address to the Department, in which event written notice to the new address shall be sufficient. If I do not appear in this court as directed I understand a warrant will be issued for my arrest. I will either be a full-time student or obtain full-time employment during the pendency of this Agreement.

I further agree and understand that during the term of supervision, I am strictly prohibited from shipping, transporting, possessing, receiving, or purchasing a firearm, altered firearm, or ammunition, or attempting to
ship, transport, possess, receive, or purchase a firearm, altered firearm, or ammunition.
Based upon the above representations by the defendant herein, the State of Texas and the defendant herein, hereinafter called the “parties”, now enter into the following agreement:

That if the defendant does not satisfactorily participate and complete all the terms and conditions of this agreement that this agreement is void and the above styled and numbered cause will be scheduled on this court’s docket as if there had been no intervention agreement. The defendant agrees that the District Attorney may declare this agreement void at any time, and in such event, this criminal action will be docketed with the court as if there had been no intervention agreement. The defendant acknowledges that he may not be eligible for an expunction upon the completion of this agreement and the dismissal of this case. The defendant agrees that this case will be controlled by the terms of the Code of Criminal Procedure, Article 55.01, and, if under the terms of that statute, he is eligible for expunction, he will not seek expungement of his criminal record for two years from the date that he successfully completes this Intervention and the case is dismissed from the docket of this court. The parties agree that if the defendant successfully completes the terms and conditions of this agreement to the satisfaction of the district attorney, the district attorney will move to dismiss the above styled and numbered cause.

I, HARRIS COUNTY, DEFENDANT, the defendant herein, have read all of the above agreement and hereby swear it is true and correct and represents the total agreement between the State of Texas and me. SUBSCRIBED AND SWORN TO before me this _______.
Defendant’s Signature Person Administering Oath
Printed Name of Defendant
Address
Telephone
Attorney for Defendant
Printed Name
Address
Telephone
Agreed to, and approved by,___________, Assistant District Attorney for Harris County, Texas.
Assistant District Attorney
Harris County, Texas

COURT ORDER
CAUSE NUMBER ______________
THE STATE OF TEXAS

IN THE COUNTY CRIMINAL COURT
AT LAW NUMBER ____
HARRIS COUNTY, DEFENDANT
OF HARRIS COUNTY, T E X A S

Upon motion by the defendant, and agreement by the State of Texas, by and through the District Attorney of Harris County, Texas, the Court ORDERS that:
1. The defendant shall pay a pretrial intervention fee of $
for each month this agreement is in effect. This payment shall be made to the Department, who is hereby ordered to collect said amount and to supervise the performance of this agreement;
2. The defendant shall perform this agreement as set out above; and;
3. That the above styled and numbered cause is hereby reset until , unless otherwise ordered by this Court.
Signed and ordered this
Presiding Judge Right Thumbprint
In the County Criminal Court-At-Law Number
Harris County, Texas