Travis County Misdemeanor Pretrial Diversion Program
The Travis County Misdemeanor Pretrial Diversion Program is a cooperative effort between the The Travis County Attorney’s Office and the Travis County Adult Probation Department.
Travis County Misdemeanor Pretrial Diversion Program Notice to Applicants
- A one-time $152.00 SUPERVISION FEE is required for all participants and must be paid in full prior to admission into the Travis County Misdemeanor Pretrial Diversion Program.
- Applicants should be first time offenders with no prior involvement with the criminal justice systems. All exceptions must be approved by the Travis County Attorney’s Office.
- Depending on the nature of your case, you will be required to complete community service hours and any classes/counseling as recommended.
- A typical Travis County Misdemeanor Pretrial Diversion term will be six months, but a longer term of supervision may be recommended for some cases.
- Although the program doesn’t require you to report in person to an officer, you will be responsible for the completion of all conditions in a timely manner.
- Upon signing of the agreement your case will be dismissed. Unsuccessful completion of the Travis County Misdemeanor Pretrial Diversion Program will result in your case being refiled.
Conditions of the Travis County Misdemeanor Pretrial Diversion Program
- You can’t violate any criminal laws (Federal, State and Local) or you may be prosecuted for the offense and the offense you are presently charged with.
- If you are arrested for any other offense during your diversion term, your diversion status will be revoked and the prosecution of your case will be resumed.
- You must always notify your Pretrial Diversion Officer, in writing, of any change of your address.
- If you fail to comply with any conditions of the Pretrial Diversion Program your status under the Program may be revoked, and criminal proceedings against you will be resumed.
- You must cooperate with and report to the Pretrial Diversion Officer, and any counseling agency you may be referred to; and you must perform any community service assigned to you pursuant to the Program.
- There is a $152.00 SUPERVISION FEE for the Program. This fee is due upon acceptance into the Program, and must be paid before the defendant can meet with the Prosecutor or Pretrial Diversion Officer. Payment may be made with money order only by mail. Payment may also be made in person once the application is approved.
- The information contained in your application can’t be used against you in any subsequent prosecution arising form the offenses for which you seek admission to the Program.
Travis County’s Felony Pretrial Diversion Program
Travis County’s Felony Pretrial Diversion Program is used sparingly for offenders that meet an eligibility criteria. Through the Felony Pretrial Diversion Program an offender is given a chance to avoid prosecution for an offense through successful completion of a period during which there are no new arrests, and all requirements of the term are completed. Requirements may include attending counseling, making restitution, performing community service restitution and any other condition deemed appropriate by the Travis County District Attorney’s Office.
Acceptance into Travis County’s Felony Pretrial Diversion Program is completely up to the Travis County District Attorney’s Office. Once the term is successfully completed, the offender may apply for an expunction of the arrest record and the Travis County District Attorney’s Office will not contest the expunction. WARNING: The Travis County District Attorney’s Office can’t bind the Texas Department of Public Safety to this agreement.
Eligibility Criteria for the Felony Pretrial Diversion Program
The Travis County District Attorney’s Office will only consider an application for the Felony Pretrial Diversion Program by an offender that is charged with a Third Degree Felony or State Jail Felony non-violent offense. The applicant must be a first time offender. However, if the offender isn’t a first time offender, the committee can consider the history of applicants who have minimal, non-violent, juvenile or misdemeanor criminal histories for acceptance into the Felony Pretrial Diversion Program. The applicant can’t have substance abuse issues or other conditions that should be monitored in a formal probation environment or Travis County Drug Court.
Eligible Offenses for the Felony Pretrial Diversion Program:
- Credit/Debit Card Abuse
- Criminal Mischief
- False Statement to Obtain Property
- Fraudulent Use/Possession of Identifying Information
- Gift to Public Servant
- Hindering Apprehension or Prosecution
- Hindering Secured creditors
- Securing Execution of Document by Deception
- Tampering with or Fabricating Evidence
- Theft of Service
Application Procedure for the Felony Pretrial Diversion Program:
If an offender believes they meet the eligibility criteria for the Felony Pretrial Diversion Program they must request their case be screened for acceptance by the Chief of the Court where the case is pending or by the Chief of Intake if the cause is unindicted.
Once the criteria is met the case will be referred to the screening committee to consider the offender for admission into the Felony Pretrial Diversion Program. If this is a drug offense, or if the screening attorney thinks it’s necessary, the offender will be required to submit to an evaluation by Court Administration prior to applying for the Felony Pretrial Diversion Program. A 10-panel UA will be required for drug cases and can be performed at any accredited lab.
An offender that meets the eligibility criteria must submit a sworn written application for the Felony Pretrial Diversion Program. If applicable, the drug evaluation must accompany the application. The applicant can submit a resume, school transcripts, work history, character letters, and any other relevant information for consideration. The screening committee may require a personal interview of the applicant. The screening committee will review the application and decide whether to allow the offender into the Travis County District Attorney’s Pretrial Diversion Program.
Felony Pretrial Diversion Agreement
Upon acceptance into the Felony Pretrial Diversion Program, the offender will enter into a written agreement setting out the terms and conditions of the program. The offender must also sign a plea form pleading guilty to the offense and waiving certain constitutional and statutory rights. The terms and conditions will include a specific term of supervision, an agreement to plead guilty at a revocation proceeding, an agreement not to receive credit for fees or community service performed while in the Felony Pretrial Diversion Program if revoked and other conditions as recommended by the Travis County District Attorneys Office.
Felony Pretrial Diversion Program Rules
Once an offender has been accepted into the Travis County Felony Pretrial Diversion Program, the case will be transferred to either the 147th or 427th Judicial District Court of Travis County, TX for supervision. The offender’s criminal defense attorney must work with the appropriate court coordinator to obtain a case transfer order and obtain a court setting. Once transferred, the case will remain permanently in the respective District Court regardless of whether the offender successfully completes the program or is ultimately prosecuted.
The offender will be expected to pay a $60 monthly supervision fee. Indigent offenders, as determined by the judge, will pay on a sliding scale. The offender will also be required to pay for any drug and alcohol counseling, anger management classes, required urinalysis or other programs detailed in the agreement or ordered by the Court.
Restitution and fees will be paid through the Travis County Adult Probation Department. The 147th and 427th District Court Probation Officers will monitor the assigned offenders and verify the requirements of the program are met. They may investigate any potential violations and they may perform a random urinalysis on the offender when requested by the Judge or the Travis County District Attorney’s Office.
The maximum term for the Felony Pretrial Diversion Program is two years.
Revocation from the Travis County Felony Pretrial Diversion Program
The offender will be expected to comply with the terms and conditions of the Travis County Felony Pretrial Diversion Program and timely meet all required obligations. If the offender fails to do so, their Felony Pretrial Diversion Program participation may be revoked. The decision to revoke the offender’s participation in the Travis County Felony Pretrial Diversion Program rests completely with the Office of the Travis County District Attorney’s Office. If the decision to revoke is made, the case will remain docketed on the 147th or 427th regular docket for a plea to the offense charged and the case will proceed as if the offender was never in the Travis County Felony Pretrial Diversion Program.