Skip to main content
Pretrial Diversion


When charged with a crime in Texas, individuals go through the traditional criminal justice processing system to determine their guilt or innocence. However, there is a program available for many offenders that can offer an alternative to traditional prosecution: Pretrial Diversion.

Definition of Pretrial Diversion

Pretrial diversion is a program available to some individuals who are facing criminal charges but have no prior convictions. The goal of pretrial diversion programs is to provide an alternative to traditional prosecution and sentencing by diverting eligible offenders away from the criminal justice system and towards rehabilitation, community service, or other forms of intervention. During pretrial diversion, defendants may be required to comply with certain requirements such as attending counseling or treatment programs, performing community service hours, paying restitution or fines, and regularly checking in with a probation officer.

Importance of Pretrial Diversion in Texas

In Texas, pretrial diversion has become an increasingly important tool for prosecutors and judges looking for alternatives to incarceration for non-violent offenders. The state’s prison population has grown significantly over the years putting considerable strain on the state’s budget. Pretrial diversion offers an opportunity to reduce costs associated with incarceration while addressing issues related to substance abuse and mental health.

Additionally, pretrial diversion can help reduce recidivism rates by providing participants with access to treatment programs that address root causes of criminal behavior. By diverting low-level offenders away from the criminal justice system and towards rehabilitation through pretrial diversion programs,Texas can help these individuals get back on track towards becoming productive members of society.

Eligibility for Pretrial Diversion in Texas

Certain Offenders May Be Eligible for Pretrial Diversion Programs

Criteria for Eligibility

Pretrial diversion is an alternative to traditional criminal prosecution for certain offenders, and not everyone is eligible for this program. The criteria for eligibility vary depending on the jurisdiction, but there are a few common factors that most courts consider. First and foremost, the defendant must be a first-time offender with no prior convictions.

Additionally, the offense must not be serious or violent in nature and must be considered a low-level crime. Factors such as age, mental health status, and employment history may also be taken into account during the screening process.

Types of Offenses Eligible for Pretrial Diversion

In Texas, pretrial diversion programs are typically available to individuals charged with non-violent offenses such as drug possession, theft, or certain types of fraud. However, each county has its own specific list of offenses eligible for pretrial diversion, so it’s important to check with your local court system to determine if you’re eligible. Generally speaking, misdemeanor offenses are more likely to qualify for pre trial diversion rather than felony charges.

Factors that can Disqualify an Individual from Pretrial Diversion

While pretrial diversion can provide many benefits to defendants facing criminal charges in Texas, there are also certain factors that can disqualify an individual from participating in the program. For example, if the offense involves violence or results in significant harm to another person or property damage exceeding a certain dollar amount, pretrial diversion may not be an option.

Other reasons why someone may not qualify for pretrial intervention include having prior criminal convictions or violating the terms of probation for a previous offense. Additionally, if the prosecutor believes that the defendant poses a risk to public safety or is unlikely to comply with program requirements such as attending counseling sessions or completing community service hours they could reject them from entering into pretrial diversion.

Overall, pretrial diversion programs in Texas offer a way for eligible defendants to either avoid prosecution and the negative consequences associated with a criminal conviction. However, it’s important to understand the specific criteria and limitations of the program before considering this alternative to traditional prosecution.

The Process of Pretrial Diversion in Texas

Texas Pretrial Diversion Process

Application and Screening Process

To be considered for pretrial diversion, an individual must complete an application and screening process. Generally, the process involves meeting with a probation officer who will evaluate the eligibility of the offender.

The probation officer may ask questions about the individual’s background, history of substance abuse or mental health issues, employment status, and other personal information. It is essential to provide accurate information during this stage to the probation service determine whether the applicant is eligible for pretrial diversion.

Conditions of Pretrial Diversion

If accepted into pretrial diversion in Texas, there are specific conditions that must be followed. These conditions vary depending on the program but usually include community service requirements, counseling or treatment programs, payment of restitution or fines, and regular check-ins with a probation officer.

Community Service Requirements

Community service requirements are often mandatory as part of pretrial diversion in Texas. This can involve completing a certain number of hours working at an approved location such as a nonprofit organization or government agency. The community service requirement has several purposes: it allows individuals to make amends for their actions by helping others; it provides valuable work experience; and it keeps individuals occupied while they await trial.

Counseling or Treatment Programs

In some cases, individuals may need counseling or treatment programs to address underlying issues that led them down a path towards criminal behavior. Depending on the nature of the offense and individual circumstances, participants may be required to attend sessions with mental health professionals or substance abuse counselors.

Payment of Restitution or Fines

Paying restitution or fines is also common as part of pretrial diversion in Texas. This can help offenders take responsibility for their actions by compensating victims for any financial losses incurred because of their crime.

Regular Check-Ins with a Probation Officer

Individuals in pretrial diversion are usually required to check in regularly with a probation officer to ensure they are following the program’s conditions. Probation officers act as mentors and can provide support and guidance throughout the process. These check-ins also help ensure that individuals do not violate any terms of their pretrial diversion agreement.

Overall, pretrial diversion in Texas offers an alternative to incarceration for eligible offenders. While the requirements may seem challenging, completing a program successfully can lead to reduced charges or even dismissal of charges, avoiding jail time, and preserving criminal records.

However, it is essential to follow all conditions of pretrial diversion carefully. Failure to comply can result in revocation of the agreement and potential incarceration.

Advantages and Disadvantages of Pretrial Diversion in Texas

Pros & Cons of Diversion


Pretrial diversion offers a myriad of benefits, which may be appealing to those who would rather avoid the traditional justice system. Some of the benefits include:

Reduced Court Costs and Legal Fees

The cost of legal representation can be quite high, especially for individuals who come from low-income backgrounds. Pretrial diversion programs are significantly cheaper than going through the court process. In addition, those who complete the program successfully may have their criminal case be dismissed, thus avoiding additional legal fees.

Avoiding a Criminal Record

A criminal record can negatively impact an individual’s future prospects in terms of employment opportunities and housing options. Pretrial diversion allows individuals to avoid having a criminal record if they complete the program successfully.

Potential Dismissal of Charges

If an individual successfully completes a pretrial diversion program, their charges may be dismissed altogether. This means that they will not have to go through a trial or plea bargain.

Avoiding Jail Time

Jail time can be damaging both mentally and physically for individuals involved. Additionally, it can result in job loss and financial strain for families. Successfully completing pretrial diversion programs allows individuals to avoid jail time altogether.


While pretrial diversion work has several advantages, there are also some disadvantages that should be considered before enrolling in such programs:

Restricted Freedom during the Program

Individuals who enroll in pretrial diversion programs must abide by strict rules and regulations set forth by law office and the program administrators. This means that they will likely have certain restrictions placed on their freedom during the program.

Costs Associated with the Program

While pretrial diversion can be cheaper than going through the traditional justice system, there are still costs associated with the program. These costs may include fees for counseling or treatment programs, community service requirements, and other related expenses.

Possible Revocation if…

If an individual fails to meet the requirements set forth by their pretrial diversion program, they risk having their program revoked. This can result in additional legal fees and potentially having to go through a trial or plea bargain.


Pretrial diversion offers significant advantages for those seeking an alternative to traditional justice system processes. It can provide individuals with reduced court costs and legal fees, avoidance of a criminal record, potential dismissal of charges, and avoidance of jail time. However, there are also disadvantages such as restricted freedom during the program and costs associated with it.

Nonetheless, pretrial diversion programs are often successful in rehabilitating individuals involved in minor crimes who do not pose a threat to society. As such, they represent a valuable option for those looking to avoid a criminal conviction and move on from minor offenses.


What is Pretrial Diversion in Texas?

Pretrial Diversion is a program designed by the criminal justice system in Texas to provide first-time offenders, particularly those with non-violent charges, an opportunity to avoid formal prosecution. The goal of this program is to give individuals the chance to address the behavior that led to their arrest, often through mandatory counseling, community service, or educational programs.

  • Pretrial Diversion is a program for first-time, non-violent offenders.
  • The aim is to prevent formal prosecution and address the root cause of the criminal behavior.
  • It may require the participant to undertake counseling, community service, or educational programs.

How Does Pretrial Diversion Differ From Probation in Texas?

While both programs serve as alternatives to incarceration, Pretrial Diversion and probation in Texas have key differences. Pretrial Diversion is typically used before a conviction and can result in a complete dismissal of charges upon successful completion. Probation, on the other hand, is a sentence typically assigned after a guilty verdict and requires the individual to follow certain conditions to avoid jail time. Unlike Pretrial Diversion, a probation sentence remains on a person’s criminal record.

Who is Eligible for Pretrial Diversion in Texas?

Eligibility for Pretrial Diversion in Texas is determined by several factors including the nature of the offense, the individual’s criminal history, and the discretion of the prosecuting attorney. Generally, first-time offenders with prior felony convictions on non-violent charges are considered. However, some counties may have specific eligibility criteria. It’s important to consult with a knowledgeable attorney to understand the possibility of entering the program.

What are the Consequences of Not Completing Pretrial Diversion in Texas?

If a participant fails to meet the requirements of the Pretrial Diversion program in Texas, the consequences of alleged violation can be serious. The original criminal charges can be reinstated, and the individual can be prosecuted as if the diversion program was never granted. Additionally, failure to complete the program could potentially affect the individual’s eligibility for similar programs in the future.

How Can One Apply for Pretrial Diversion in Texas?

Application for Pretrial Diversion typically involves a written application, an interview with a program director or coordinator, and sometimes a statement of responsibility for the offense. It is recommended to have legal representation during this process to ensure the best possible outcome. The final decision to accept a person into the program rests with the prosecutor’s office.

Leave a Reply