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Pretrial Diversion Program

Dismissals and Expunctions for First-Time Offenders

Statistics show that for most accused individuals, being arrested is a first and last encounter with the criminal justice system. Any criminal charge can be devastating, but individuals arrested for the first time face a variety of penalties and collateral consequences if prosecuted. Even if that person's case is dismissed or he or she is granted deferred adjudication, the arrest and case records may still be accessible to the public.

To avoid the damaging and far-reaching effects of a criminal record, lawmakers passed Texas Government Code §76.011 which provides for pretrial intervention programs. In Denton County, if you are a first-time offender charged with a non-violent criminal offense, you may be eligible for a pretrial diversion (PTD) dismissal.

Wondering if you are eligible to file for PTD dismissal in Texas? Contact The Law Office of Nathan Miller at (940) 580-4287 as soon as possible to retain the representation from experienced legal professionals.

What is Pretrial Intervention Program in Texas?

Pretrial diversion (PTD) is an "alternative to prosecution which seeks to divert first time offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service."

Individuals who are successful in completing the program will not be charged or, if they were charged, will have the charges against them dropped. If the individual is unsuccessful then they are returned for prosecution.

PTD Program Criteria

Pretrial Diversion is a form of supervision appropriate for some first offenders in lieu of prosecution. It gives defendants a way to atone for their transgressions without many of the lingering effects of a deferred adjudication or conviction.

The program is supervised by the Denton County Community Supervision Department (Probation Department) and requires a monthly supervision fee. However, because the case has been diverted out of the criminal court system, no fines or court costs are assessed on a PTD program.

Each individual's particular program is personalized to fit his or her case, and the requirements of each PTD program will vary depending on the person's charges and rehabilitative needs.

While there can be exceptions made by the District Attorney's Office, there are specific criteria that must be met prior to being eligible for a Denton County PTD program, including:

  • Must have no prior arrests
  • Must admit guilt and accept responsibility for the offense
  • Report monthly to a probation officer
  • Be employed or enrolled in an accredited school
  • Commit no new offenses or use illegal drugs

Additional Pretrial Intervention Program Requirements

Some program arrangements may require that restitution be paid if owed to a victim and community service hours be completed. To determine if you are eligible to file for this unique option, contact The Law Office of Nathan Miller right away and retain the representation of the firm's experienced legal professionals.

When you agree to participate in a PTD program, the Denton County District Attorney's Office will agree to file a motion to dismiss the case against you upon successful completion of the program.

Expunction Eligibility

Once your case is dismissed, you become eligible for expunction of any arrest and/or case records. The Law Office of Nathan Miller can determine your eligibility for record expunction and handle every step of the legal process. If you are eligible and the firm helps you obtain an expunction, you can then lawfully deny that the arrest or criminal case ever took place.

Schedule a Confidential Consultation Today

Are you ready to move forward with your case? Are you interested in learning more about the pretrial diversion program and how it can benefit your situation?

If so, do not hesitate to contact the Denton criminal defense lawyer from The Law Office of Nathan Miller right away. Criminal records have consequences that can be difficult to overcome, but with the guidance of an attorney, you can ensure that your case is in good hands.

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What are the benefits of hiring a former prosecutor?

  • Understands the criminal system, including how evidence is gathered and how police reports are created

  • Recognizes how proactive representation can affect filing charges in the first moments after a criminal arrest

  • Knowledge of how the opposing prosecutors will try to develop a case against you

  • Identifies potential options that can question any evidence found in a way that could have violated your constitutional rights

  • Uses his knowledge to prevent prosecutors from pursing a criminal conviction, which could improve your chances of charge reduction, acquittal, dismissal, or even expunction

  • Confident in his ability to negotiate and litigate – rather than simply settle for a plea bargain

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