Will A Diversion Program Bolster Your Defense?
In recognition of the fact that a jail sentence is not the appropriate response to every criminal case, Texas laws allow for several types of diversion programs. Diversion programs allow many people to stay out of jail, avoid a criminal record and address underlying causes of behaviors that led to arrests. Attorney Wes Ball promotes and supports appropriate diversion programs while representing clients accused of crimes such as assault, driving while intoxicated, theft and drugs.
Examples Of Available Diversion Programs
Several key diversion programs that have provided successful resolution of our clients’ cases include:
- Pretrial intervention programs for first-time offenders charged with nonviolent criminal offenses. Pretrial diversion (PTD) results in dismissal of charges.
- A mental health diversion program (MHD) for mentally impaired offenders. This program includes a supervised treatment option.
- Deferred prosecution program (DPP) aimed at young people.
- A felony alcohol intervention program featuring alcohol abuse treatment
- A first offender drug program.
- A drug court diversion program designed for people with a history of substance abuse. The drug court diversion program includes treatment, counseling and accountability.
- Veteran programs to assist those that served our country.
- Federal pretrial diversion for some Federal cases.
Is A Diversion Program Right For A Particular Defendant?
When Wes Ball evaluates a client’s criminal case and personal history, he looks at several factors to help determine whether a diversion program is appropriate and likely to work for that person. In particular, we look at:
- Criteria for qualification
- Likely outcomes if the person follows through with requirements of the diversion program
- The client’s suitability and eligibility for a particular diversion program
- Consideration of the type of support a person might need to get through and succeed at the conditions of the diversion program
- Comparison of the diversion program to other potential case outcomes
- Impact on non-citizen’s immigration status
A recent Immigration case provides that many pretrial diversion programs can result in deportation or removal from the United States for legal Immigrants. Diversion programs which require an admission of guilt to achieve a dismissal of charges are treated as convictions for Federal Immigration purposes and thus, even though a dismissal is achieved, removal or deportation may follow. Changing Immigration law and policies require that your attorney keep abreast of these changes.
Some diversion programs are not government-run, but rather, have to do with professional licensing bodies that offer ways for professionals who have been accused of crimes to prevent professional license revocation or suspension. Wes Ball advocates for clients in such cases, helping many resolve their charges without losing their professional licenses.
To schedule a consultation, call Wes Ball at 817-860-5000 or send an email inquiry through this website. Discuss your criminal matter, whether a diversion program exists and how to pursue that outcome instead of jail time in case of a conviction.