READ the Fine Print

Don't forget to read the fine print on pretrial diversion agreements.  "Pretrial diversion" is a special program, which is offered by a prosecutor, that allows a person to voluntarily sign an agreement to be supervised by a probation department. 

The program usually involves paying fees, doing community service, reporting to a probation officer, etc.  If the pretrial diversion is completed successfully, the case is dismissed.  The true advantange of pretrial diversion, though, is that is not considered as being on "probation" under Texas law.  This makes the person who completes it successfully eligible to expunge his arrest record after his case is dismissed. 

But be careful what you are signing up for when you sign the diversion agreement.  Many counties make you give up valuable rights in order to qualify for the diversion program.  In Comal County, for instance, you are required to enter a guilty plea and give up the right to ever have jury trial in order to qualify. 

So, if you violate the terms of the program and are kicked out, you have given up your right to ever contest the case.  In Wilson County this morning, the DA's Office initially wanted my client to waive her right to obtain an expunction in order to get pretrial diversion, even though an expunction is the main reason most people, including my client, apply for pretrial diversion (the DA's Office eventually relented).  Pretrial diversion has many advantages, but make sure you know what you are giving up in order to get it.