Pre-trial Diversions In Houston Seen In A Different Light
During Pat Lykos' campaign and when she took office she mentioned that the Harris County District Attorney's Office will be more receptive to granting pre-trial diversions. I was extremely encouraged by this commitment by the new District Attorney. A pre-trial diversion is a dismissal in waiting. In other words, the State agrees to enter into a contract with a defendant agreeing to dismiss their case if specific contractual obligations are fulfilled by the defendant. Typically, it is similar to community supervision, but there is no plea before a judge. Once the defendant finishes the agreed upon terms the case is dismissed. Thus, the defendant becomes eligible for an expungement after the statute of limitations has run its course.
As a criminal defense attorney in Houston most of my clients would jump at the chance to obtain a pre-trial diversion. Nevertheless, in the past the District's Attorney's Office has been extremely rigid when entering into these contracts. In fact, I would say that less than one percent of cases filed are given a pre-trial diversion. Recently, I have witnessed that prosecutors are becoming more receptive to my requests for pre-trial diversion. In fact, I just had one granted this week. Hopefully, the trend continues.
