Felony Pre-Trial Diversion Program

On August 11, 2016, the Bexar County Criminal District Attorney Nico LaHood announced the launch of Bexar County’s first felony Pre-Trial Diversion Program. The new program is offered to first-time, non-violent offenders, charged with a certain felony drug offense (under Chapter 481 of the Texas Controlled Substances Act).

Felony PTD is a program for qualifying defendants who demonstrate rehabilitative potential. The defendants who participant in the Felony Pre-Trial Diversion Program are supervised by the Bexar County Pretrial Services Department (Pretrial Services). Once accepted into the program, the defendant will be supervised for a minimum of one year and the supervision period can be extended for up to two years. 

In May 2015, the District Attorney’s Office in Bexar County re-designed the Misdemeanor Pre-Trial Diversion Program to help reduce the backlog of court dockets.

Attorney for Felony Pre-trial Diversion in San Antonio, TX

If you are considering entering a pre-trial diversion program in San Antonio, TX, then seek out the services of an experienced criminal defense attorney. Don Flanary represents clients in serious felony crimes throughout the greater San Antonio area.

Call (210) 738-8383 today for a free consultation to discuss the charges pending against you, the pros and cons of diversion programs, and important defenses that can help you fight the case for an outright dismissal on the merits.

Any violation of the rules of the program can result in a violation. If you were rejected from the diversion program, call Don Flanary to discuss the best ways to resolve your underlying charges. Call (210) 738-8383 to discuss your case today. 


Benefits of Entering the Diversion Program for a Felony Drug Crime

The main benefit of entering the diversion program is that if the participant successfully completes the program, then their criminal case will be dismissed. Although getting the case dismissed is an important benefit, several downsides to entering the diversion program must also be considered. First, if you fail to complete the program then your case will be placed back on the trial court’s docket. If convicted of the crime, the defendant will face the full range of punishment for the offense.

Secondly, if you are innocent of the crime charged or if the State has insufficient evidence to prove the offense, then you might be far better off filing and litigate a motion to dismiss the charges on the merits. For certain professionals, such as teachers and certified educators, attorneys, doctor, nurses, other health care professionals, members of the military or members of law enforcement, entering a diversion program might have the same collateral consequences as entering a guilty plea and being convicted of the crime.

Before you decide, talk with an experienced criminal defense attorney about the pros and cons of entering the Felony Pre-trial Diverison Program in Bexar County, TX, before you decide.


Eligibility to Participate in the Felony Diversion Program

Only defendants with no prior convictions for criminal offenses of any kind other than Class C traffic violations will be eligible to participate in the program. The prosecutor might decide that you are not eligible for the diversion program if it is determined that the defendant has a criminal conviction, deferred adjudication or previously participated in a pretrial diversion program.

Some offenses are not eligible for the program including crimes involving the use or exhibition of a deadly weapon during the commission of the offense. A person can also be ineligible for the diversion program if the evidence in the case suggests the person is engaged in the manufacture, distribution or sale of any controlled substance. Also, a defendant who is behind on court-ordered child support may not be eligible for diversion.


Requirements of the Felony Diversion Program in Bexar County

If accepted into the program, the defendant is required to successfully complete certain conditions to complete the program including: 

  • pay a program fee;
  • complete community service hours;
  • attend substance abuse treatment and necessary counseling to address the underlying cause of his or her drug usage.

Additional Resources

Bexar County Pretrial Services Department - Learn more about Pretrial Services Office in Bexar County. The purpose of the office is to provide accurate information to the judicial system for release decisions and structured supervision of defendants while on pretrial status or in the felony diversion program.

Main Office of Pretrial Supervision Offices
Leticia Moreno – Pretrial Manager
207 North Comal, #200
San Antonio, Texas 78207
210-335-8964

This article was last updated on Monday, December 19, 2016.