That written confession sounds like a huge disadvantage. Especially if you are (truly) not guilty of some of the charges pressed against you. Praying for everyone going through the system.
Hypothetically, if a prosecutor really wanted to ultimately have a defendant convicted by a judge or by a unanimous decision of the jury, but didn't currently believe there was enough evidence, then, as a way of deception, offer a pretrial diversion program as a trap in order to obtain a written confession, which the prosecutor can use against the defendant in court after intentionally and maliciously terminating the established pretrial diversion program contract, regardless of compliance with the contract by the defendant?
I was charged for verbal harassment, and I’m now on probation for two years as part of PTI. I honestly never knew it was a crime, let alone something I could be on probation for. It’s messed up my life permanently. And not all expungements are approved.
The Pre-trial Intervention contract should explain what the prosecutor will do upon your successful completion of the contract. Can you tell me what it says?
Thank you for posting this. Because of your explanation regarding the pretrial diversion program I have decided to take my case to trial. I have researched the charges against me and I am confident in my ability to raise enough reasonable doubt to be found not guilty. I just hope my public defender is familiar with defending someone with this specific charge, as I have never known anyone in our county ever actually being charged with it.. (penal code 270.1) I have tried finding a law firm that would be able or willing to review my case, but unfortunately due to being low income I seem to be at a standstill and stuck with the public defender I was given just this past Tuesday (May 9th) and have only received one email from. And of course I was told I must decide by this coming Tuesday (May 16th) whether to move forward with taking my case to trial or accept the offer of the pretrial diversion program that the district attorney is offering.. and due to the fact that I would have to sign something saying that I admit guilt in the matter, which is not true.. I have decided to take it to trial.. 🤞 Again thank you for the much needed explanation.🙏 It was more of an explanation than my public defender gave me.. 😒
Thank You For That Informations, Very Insightful. I Do Have A Question. If I Have A Warrant Out Side Of My State/County, Who This Affect Me Entering In And Completing My Pre Trail Intervention Program?
If the charges outlined in the warrant did not happen during the pre-trial intervention program, then my best guess is no. If the charges did occur during the program, then I'd say you have a problem.
The biggest disadvantage is having to meet with the District Attorney's office once a month. Other than that pre-trial is literally a get out of jail free ticket. If anyone has been offered pre-trial and know that they're guilty of the charge, then it would be gravely a wise move to go with the pre-trial program.
I agree. I believe there is more to gain for the accused, than for the prosecutor, in pre-trial diversion programs. But one thing needs additional comment. It's not whether a person is guilty, it's whether the state can prove the charges beyond a reasonable doubt. Only a discussion with the defense attorney can help decide whether PTD is a good choice, or not. Thanks for commenting.
I am a 100%. disabled veteran, I was charged with unlawful weapon pocession while going for an afternoon bike ride by the city police. I was booked but was realleased the very next day on the grounds of non-probable cause. Half a year later I tried to get back my weapon to which the court employee advice me not to because the charges would be put on me again. I didn't believe double jeopardy would happen so I disregarded and continue to persue the recovery of weapon, at this point now the State charged me again with the same charges. My options now are to go totrail
I'm sorry I' m not in a position to answer your question. A competent answer would require me to review all the law and evidence in the case first. I would say your best source of information is your defense attorney. Good luck and thanks for your question.
I’m a 1st Amendment Audit Activist. I have a 10 charges for filming the police & government buildings. None of them waste physical nor violent. I have trespassing, obstruction of gov op, verbal harassment, disorderly conduct, ref to ID, passive resistance. I was arrested 5 times in a short amount of 5 months. I have never been in trouble with law until I decided to pick up my phone and start recording. My attorneys filled for a Diversion program but they been giving them the silent treatment. I wonder if they’ll approve it
I have no idea. Since the D.A.'s office controls whether a person will be offered pretrial diversion, your local defense lawyers will be in the best position to determine the success or failure of your request. In the meantime, I would cease your 1st Amendment Activist activity. Pissing-off the government is not a good strategy at this point in the process. Good luck.
Don't let them fool you. If you are a first time offender and you have been charged with a petty theft crime you do NOT have to pay restitution if you are innocent, and you DO NOT have enter into a plea bargain. Stand up for yourself.
If you are truly innocent, then set your case for trial. But make sure you are prepared to deal with the consequences if the case goes south. Just because you are innocent, the law does not promise you a favorable verdict.
@@GustitisLaw I'm mainly talking about Pretrial Intervention. When there is no admit of guilt, and you have no criminal record. My city is trying to make me pay restitution for a crime I didn't commit because I told them I'd be willing to do a PTI even though I am not guilty, and I currently live on disability for Aspergers Syndrome. They cannot make me pay restitution with a federal protected income either because that is against the law and it's currently my only source of income. Not to mention that my right to a speedy trial has been violated as well because I've been having to wait a year and a half just for a petty theft charge. Absolutely ridiculous.
I was charged with burglary and petty theft for squatting and eating a peanut butter and jelly sandwich. The cop told me she knew the people since she was 4 years old and that they will later drop the charges. I hope to God they do because I want to be a firefighter. I'm now currently living at a homeless shelter and trying to start over but I haven't heard anything yet about a court date. I got arrested March 25th of this year and it's currently April 27th. If I have to ill just do this but i could be on probation for years and that's bull shit. I didn't damage anything all I did was slide some glass out of the way, sleep in their bed and take a shower. They had valuables and I didn't touch them. They walked in while I was sleeping in their bed.
I am on a pre trial diversion for Facilitation of 1st degree robbery. Class D Felony. I received 5 years probation. My question is, am I considered a convicted felon? Or would that only apply if I fail to complete the terms of my diversion?
You become a convicted felon after a judge (or jury) enters a verdict of guilty. Pre-trial diversion avoids this consequence and avoids any adjudication of guilt. If you failed to complete the terms of your diversion, you'd be back in court to defend the charges.
My son is a college student and was pulled over for a tag light and police said he smelled weed so the police searched the car and found the vape, the cop went by a box that was found in the car saying how much the vape held and my son told him that’s not even the box that goes to the vape, cop said it didn’t matter because it’s the same manufacturer. So he goes to to jail which now he has a felony. We get a lawyer and was told it would be dropped and expunged off his record but now he is being told without even going to court he will try for the pre trial diversion, is that the only way he can get it cleared is going through pretrial diversion? Oh and the lawyer is making him go to AA meetings and something else that he had to pay for before court. Which none of this was said until we paid the attorney. Which he will be clean when he goes to court, I just feel like this is too much for a vape and a tag light.
Does this program prevent you from being able to sue in civil court once you complete the program if it only included you staying out of trouble for 6 months?
Please if you get a citation for shoplifting . The cost of the items was $70.22. Now get into a diversion program for 2 month and that’s the first criminal offense committed. Please is it guaranteed that the case will be dismissed and it won’t affect future job opportunities that requires background checks especially in nursing. Thank you
Is this true in Wisconsin? That defendants are not subject to court appointed punishment if they violate? Also, does this mean that a person who violates the contract is then allowed a trial?, You said that the prosecution continues prosecuting and simply terminate the contract, but shouldn’t they get a trial then?
It depends upon the terms of the contract. Pretrial diversion is a gift. If the defendant screws-up the gift, then the prosecutor is free to do what they want. If the person is then charged, then they have the right to fight the charges. However, pretrial diversion contracts typically require a confession. That would make defending the case very difficult.
What do you advise for a weak case for misdo dv charges considering the impact on custody negotiations? A divorce lawyer said a diversion is the same as being found guilty in family law and divorce cases.
I have no idea. I am not familiar with CA law, nor the facts of your case. Unfortunately, whether a case is "weak" or not is often a matter of opinion. Please consult with a qualified CA criminal defense attorney to help advise you.
Got arrested a few weeks ago for “shoplifting at Walmart at the self checkout” & have my first court date soon. Someone told me about pre trial diversion. I’ve never been in an type of trouble other than this. So when I get an attorney & mention this to my attorney will I have to be on probation or community service or something like that in order to complete the program or will I just have to stay out of trouble for a year ?
I have no idea. Since I know nothing about the facts and circumstances of the case, I don't know if PTD, probation, or jury trial is the best option for you. Your defense attorney will know best.
My son is currently facing criminal charges for a fight he did not take part in and possession of marijuana that was not found on his person. This is his first offense, although were fairly certain we could prove his innocence I remain skeptical of the legal system and fair play. I asked our lawyer about pre trial programs he might qualify for and he seemed unwilling to discuss those options. Should I push him to seek any pre trial programs as a quick resolution and if he's willing to do so should we find new counsel?
Hiring a new attorney is totally within your discretion. I hesitate to give you specific advice in this matter since I have no idea why your current attorney is not willing to explore the options you mentioned. Certainly, you could ask him whether pre-trial diversion programs exist and what was his opinion concerning your son's qualifications. You could also ask why he's not willing to "discuss those options." Good luck and thanks for your visit.
Thanks for offering this info it'd be great of more tried to help others like you are. The offer to contract from the DA reinforces a few things I'm deciding on in the law world.
PTD programs are only available if the prosecutor has already developed the system. If the DA has no program established then you’re not going to have a chance to “contract” with the prosecutor.
Hello, can i be Eligible for Diversion for a Minor Fender Bender incident if have a pending Reckless driving in the same state but different city? I have a clean prior record just have had bad luck for some reason
Can you get a extension for a diversion/program? If unable to complete the classes if needed due to housing and such. It states on the georgia forum i can, but it says to nicely ask for a extension but just need to know if this possible tho?
After successful completion of the pretrial diversion program and the charge is dismissed, if an individual repeats the charge again would that current charge be considered their 1st or 2nd?
That depends where the second offense occurred. If the first prosecutor knows about the new case, they would NOT consider the new charges as a first time offense. If they did not know, then probably yes. This may also depend on whether the records of the first offense were expunged.
In 2010 I was the victim of domestic violence and my ex was offered a pre trial diversion because he had no prior arrests or convictions. In 2022 he was arrested for assaulting a new partner and has yet to go to court in regards to this charge. I do not know whether or not my ex has ever had the record for the pre trial diversion expunged. Would there be any record of the past pre trial diversion - which would mean that the court is aware of him already committing the past assault against me. I wanted to know this because I am concerned that he may be sent to jail for an extended period of time which would negatively impact me as my daughter is severely disabled and I rely on his financial support. I am Canadian and my ex is in Texas, so I don't understand exactly whether or not that past arrest would show up on his record when they are trying him for a new crime (which is essentially the same crime of assaulting causing bodily injury of a domestic partner)
Way back in 1998 I went to Louisiana and got caught with some weed. I did the pre trial diversion and it was never brought up again until now 25 years later. It showed up on an NCIC background check as pending. So I lost my ability to be on the local army base as a contractor. Their list of things that will flag you include a conviction for manufacturing with intent. So I was denied. My question is this…. I wasn’t convicted so… are they in the wrong for denying my access? How is this just now appearing on my background check, when I’ve had multiple background checks done without issue? Any help or advice is greatly appreciated.
How it works for someone who commits felony unintentionally (with mental illness) ? will diversion pretrial works like normal (with fine, community service hours or educational counselling )?
Only the prosecutor can decide whether this is an appropriate way to resolve the case. Talk with your defense lawyer about whether the prosecutor has a pretrial diversion program available.
What if this is your first offense ever. No criminal record no arrest . Haven’t even been to court . I was offered ptd and I’m definitely going to complete this. Will this show up on my background?Will this show up when applying for a job? Does this mean I have charges against me? Even if I wasn’t arrested or even been to court yet ?
Until your record is expunged, generally it will show-up on criminal background checks. After the the pre-trial diversion is completed and the prosecutor dismisses the case, you would probably become eligible for expungement sometime in the future. But the best person to determine this is your criminal defense attorney. They will be familiar with expungements in your state and can give you more accurate information. Thanks for your excellent question.
Ok serious question, this is my first felony charge for “act of terrorism” and I was offered the PTI program without probation. I’ve been clean ever since I’ve been out of jail, however idk if I’m going to drug tested as I was honest on the application, Is there a possibility they’ll drug test me?
@GustitisLaw what if the area that I got booked in at (Bartow county) processed my property the incorrect way. For example I had a warrant in another county Hillsborough county ;but was booked in Bartow county and I had a bag,cellphone, wallet with some money, and the clothes on my back and before I got booked in I signed papers for my property, however when I got transported to the other county (Hillsborough county) they haven’t transported half of my property with me ( my wallet with money, my bag, and cellphone) the only property I signed for was my clothes . Do I have a lawsuit with Hillsborough county? I even called Bartow county 50 times and I can’t get in contact with the property officer. I even talked to the Sargent .
I am about to accept a pre trial diversion. In Texas how long does it normally take to get your record expunged after completion of pre trial diversion?
Katana: That is an excellent question. Your wait time depends upon the statute of limitations. If you were arrested for a misdemeanor, then count on waiting 2 years from your arrest date to apply for expungement. If you were arrested for a felony, then the wait is a minimum of 3 years from your arrest date, but could possibly be longer depending upon the felony. Good luck with your pretrial diversion. I know you’ll do great!
Diversion is only “expunged” on a state level but not a national federal level. So you still plead guilty. It’s a trap. You’re basically paying into the system to stay out of jail
@@phillipedwards2500 diversion is just like being in jail, except you are free to work. (To pay your fines) if your diversion program is for 3 years and you’ve paid on time 2 years and 9 months but MISS one payment, you have to start diversion all over again. So, once you go up for “expungement “ it’s only granted on the area that you were convicted in. To get it completely expunged you have to submit your expungement documents to Lexis Nexus, three credit bureaus, and the agency that governs insurance quotes. You also have to submit your expungement paperwork to the FBI to remove your prints from the database. But depending on the charge you were convicted for, good luck. Attorneys don’t tell their clients this information, nor will the clerk of court tell you. Best wishes to you.
Stupid question I'm sure. For larceny, if you admitted to it prior to formal charges filed, meaning in initial police statement/interview over the phone, can you still be eligible for pti? It kept saying online if you plead guilty you are ineligible? No formal charges yet.
Hello Sir, I have a quick question. One of my friend has an arraignment on May 20th regarding a case called “Larceny under 1200$” for a petty theft at Walmart. He spoke with an experienced criminal defense layer and he suggested pre trial diversion. He was asked to pay restitution and complete an online course. Once he pays back the restitution (sends money order to the court) and completes the course the attorney mentioned the case will be disposed (meaning he won’t be charged nor convicted) l, having a clean record, and the record doesn’t show up in criminal background. Also my friend is an immigrant. So my question is - if we complete pre trial diversion requirements before arraignment- does that mean he won’t be formally charged? And also it will not show on criminal background? Is that true? If the above is true, then fine. If not what would be the case and will it affect immigration? Also I follow all your videos, please keep doing all your great work for your client. Thank you so much
You must read the pre-trial diversion contract to know what the agreement says about the resolution of the case following the successful completion of the program. Unless the records are expunged, the case will remain on his record. Only an immigration expert can tell you whether there are immigration consequences.
Hello. Are the conditions to be fulfilled in a pretrial diversion and in a probation necessarily the same? I know the first takes place before trial and the other is a type of sentencing. But the conditions to be met seem very similar to me.
They are very similar. Basically it's being on probation without being on probation. It's the ultimate outcome that is so different, however. With probation you have a record. With pretrial diversion you usually get a dismissal.
I'm scared of what the courts may do to me even though I'm innocent will the truth in your opinion come out in court with a public defender or should I try to get a personal lawyer which I don't have the money for my question is can I trust my public defender to find out the truth in trial
My case is a toss up l think. Who starts with the PTI program, the defense or the prosecution’s? Would it be safer to just go into the PTI program rather than face a judge? I am a first time offender with a first degree misdemeanor.
Whether to participate in a PTI program is ALWAYS dependent upon the facts of each case. Consult with your defense attorney to get first-hand advice on the best course.
I'd talk to your attorney about that question. I would say that prosecutors would rarely "negotiate" the terms of a pre-trial diversion since the end result for the defendant is so favorable. But that might be a case-by-case evaluation. Good luck and thanks for watching my Channel.
I’m being charged w/ a second degree misdemeanor for driving without registration in the state of Florida, I’m set to appear in court 10/12 and I’ve been given the weekend to decide. (I had no idea because I got temporary tags from a dealership) I’m being offered the diversion program. 1. I’d like to know how would this affect me wanting to be a dentist and/or getting future jobs? 2.Would expungement show on school applications/federal applications? 3. Taking the diversion route would mean I pleaded guilty ?
I have no idea how to answer your questions. I don't know Florida law. I don't have access to the evidence in your case. Only your attorney can accurately and precisely answer these important questions.
I have a question. My son had to go to court for truancy. They dismissed the charges against him and charged me with improper supervision of a juvenile. They only wrote me a citation. I went to court and they offered me the pre trial diversion program. I paid 100$ and as long as he doesn’t miss school without a doctors note I believe the charges will be dropped. My issue is this is now on my background. Will it be removed once I complete the program.?
Whatever "record" you have now will not removed automatically after you complete the program. You should consult with a defense attorney in your state about how to expunge records of this kind. After expungement, the records would then be removed. Thanks for such a good question.
Let’s say you start pre trial in 5 days and that you just found out due to them closing because of coronavirus, and you haven’t quit smoking. will they give you a warning on your first drug test? i was suppose to be in the start the program back in march.
Hi mr criminal defense attorney. I’ve 2nd degree felony theft or robbery case and my private defense attorney is a great defense attorney he’s seeking diversion program and dismissal after the 2 year probation and the state offering 3rd degree felony conviction 40 days county jail, then after that it will drop to a class A misdemeanour witch is ridiculous I wanna go to trial because it’s falls allegation she made she used my services witch is ride share service didn’t pay me she offered me her purse as a collateral I said no Im calling the cops and she ran away from me then I called the cops on her they said the don’t have any officers available right now and keep an eye on her. Then I called the 911 again I said she’s running and I’m losing her please send officers I said again they said the same and this lady left her purse in the car then she called the cops and she claimed that I robbed her. Then the police were after me scared me I also made statement that led me self incrimination just wanted them to leave me alone. now we only have that 1 damage my case witches confession out of fear and I really really really wanna go to trial . What are you thoughts about this? And I also know that you’re not familiar the law of my state. I just wanna see if that is more risk for me? Or I can risk it. Just your opinion not consulting thanks sir .
I have no thoughts, regretfully. Every case on the planet is driven by the facts, not necessarily the law. You are actually asking me for legal advice, which I cannot provide. Your present lawyer can answer all the questions you have. Good luck.
A couple of months ago I went to pick up my brother at work. My brother works as a security guard/bouncer at a strip club in one of the worst parts of New Jersey. Normally he gets off at 3 AM but that night he got off at 11 after having an altercation with one of the patrons. He had gotten into a fight with the patron after discussing the patron touching one of the girls, that escalated after my brother was hit with a bottle, my brother beat the crap out of the guy and left the scene. I met him in the nearby mcd where I’ve picked him up many times before and drove him home. The next day I got a call from the police saying that I was wanted for questioning for the whereabouts of my brother. When I returned their call. I was told to come down to the police station. I left Work early and went to the police station with my mother who was also cold. And when I arrived the detective brought me into a room to take my fingerprints. He said I was being charged with jumping this man and helping my brother flee the scene. He charged me with second-degree assault and allowed me to go home with my mom, telling us to tell my brother to turn himself in, which he did spending 72hr in jail. In the following weeks, I hired a lawyer and found out the details of the fight. We’ve been going back-and-forth with them claiming my innocence but prosecutor offered me PTI. My lawyer then called me and told me that I need to confess to being guilty to get a lesser charge from my brother or risk going to trial and getting worse punishment or going through with the pti. I’ve never been arrested, or charged with a crime. I work in the healthcare field, and fear that this will interfere with my job and my upcoming contract negotiation with my hospital. I don’t really know what to do? I’m being told that I would need to pay fines and give my DNA to a database, when my lawyer previously told me that he would help me prove my innocence. Is there anywhere I can go from here? I know it’s a bit late but I was just offered this yesterday and I have an upcoming court appointment today to begin my PTI. Any advice would greatly be appreciated.
I’m sorry I cannot give legal advice on my Channel since I have not independently investigated the facts and law applicable to the case. My best recommendation is consult with a defense lawyer who can review the evidence and give advice about how to defend it. I do appreciate your visit and I wish you the best in this difficult situation.
What if you have a Pre-Trial Diversion coming up to attend to and you end up getting a ticket like me? I received it in January but I paid the ticket the very next day. Is there a chance the case may be dismissed altogether since that being so?
I doubt a traffic ticket would be enough to violate a pre-trial diversion contract, but theoretically it is enough. It also depends upon what the contract says about breaking the law and whether a traffic citation is something they are concerned about. Finally, you did not tell me whether you were actually on the pre-trial diversion contract when you got the ticket. If you were not, then the ticket is most likely irrelevant. Thanks for your question.
@@GustitisLaw well it wasn't a traffic ticket, I should've been more specific. The police officer wrote it as a ticket and this was before I was on Pre-trial Diversion. The ticket was charged with theft in utilities under $1000 (around $200 to be exact). Water company turned off my water back in January and someone reattached it illegally and still to this day I don't know who did it and I'm charged for it because my name is on the paperwork for the water company. So, now I'm having to be put on the program but since the ticket as it was written was paid the very next day, I was wondering what there is to expect from the program since it was paid so soon. Is it possible that they wanna at least hear my side and possibly dismiss it or will the program will still go forward as I expect it to? Any information would help and thank you for the response.
@@NGSX If the charges for theft occurred before the beginning of your pre-trial diversion contract, the theft charges should have no effect, unless the prosecutor will simply not offer pre-trial diversion because of the prior theft charges.
Then you'll be dirty. You need to quit doing drugs IMMEDIATELY if you want to successfully complete a pre-trial diversion program. Believe me, they will have no tolerance for drug use.
I’m on PTD for a DWI charge (first time offense). Mind you I was never caught with alcohol only empty containers I blew a 0.7 & was sober after another test 25 mins later. They agreed to dismiss my case as long as I attended an online class and 30 hours of community service. Any advice would be appreciated thanks!
i will be done with my pretrial diversion on the 11th, will i have to show up for a final court date for expungment or is that done by the court and diversion company?
Congratulations! The expungement is an additional procedure that you must hire an attorney to help you with. Ask your supervision officer whether you must appear in court. Good luck and thanks for visiting.
@@matweezy1760 hey, my program lasted exactly a year. no community service hours given before or after completion. Just stay honest and clean for a year and your good to good to go.
i also did not have a court date after completion of the program. my county states if you were to get into trouble with the law within 90 days after completion of the program the charges can be added again.
I just received a notice of court appearance for January 2021 for a class b misdemeanor for theft in comal county texas. Can I file for a pretrial diversion? This is my first time being in trouble with the law, so I am not sure of what steps I need to take to keep a clean record. Also will a pretrial diversion affect my lawful gun ownership? I do not have a LTC yet
The first part of your question depends upon whether Comal County has a pre-trial diversion program. If they do not, you will not obtain that objective. If they do, you will need to meet their requirements. My recommendation is to hire a criminal defense attorney to help you. They will know whether the diversion program exists and what factors the prosecutor would consider in evaluating your case for the program. If on a program, they will randomly check for alcohol and drugs so your clean lifestyle will be a big plus. Good luck!!
I’m currently in a military diversion program in California. I understand that once program is complete the courts will usually erase dui case against me. The question I have is what are the chances the dmv will do the same? I have a class A license and need to drive trucks for a living.
Thanks for your good question! My experience is limited to Texas, so you'll want to consult with a defense attorney in California to be sure. Nevertheless, here in Texas a DUI arrest would need to be expunged following the successful completion of a pre-trial diversion program. Expungements in Texas DO NOT happen automatically. The person seeking an expungement must actively file a petition for expungement in the appropriate court to obtain a court order to expunge the records. Addressing your DMV question specifically, there may be DMV records that are administrative in nature and NOT eligible for expungement. For example, here in Texas, if a person received an administrative driver's license suspension related to a DUI arrest, but later successfully completed a pre-trial diversion program related to the criminal case, only the criminal records could be expunged, not the administrative DMV records. So, you can see this is not a straight forward issue to address here in the comment section. That's why I recommend consulting with a knowledgeable attorney in California. Good luck and thank you for watching.
I’m on pre trial diversion I’ve been on it for 3 years and it’s for receiving stolen property I have done everything I was supposed to do but I have a court date next month and it is supposed to be the end of my probation but my probation officer wants me to go to rehab and I did but I ran away because I’m not mentally able to be in rehab and I have a doctors note saying the same thing so wil I go to jail on my court date or will it be all over and that’s it?
I have a serious question for you i may or may not have been caught stealing at Walmart the cop didn't arrest me but said he would issue a warrant for Wednesday and wants john doe to turn himself in by Wednesday they also told john that he to pay for the items and 200 dollars which he's guessing is for restitution he cannot afford a lawyer but he does have the 307 dollars to pay for everything and this is also his first offence involving anything will he really get jail time and does he need to plead guilt because he cannot afford the court cost or really the lawyer because he doesn't have a job at the moment
A theft conviction can have life-long negative impacts upon a person's life. Theft is a crime of moral turpitude and no business owner is interested in hiring a convicted thief at their place of business. Consequently, I recommend John Doe hire a lawyer . . . the remainder of his productive life may depend on it.
I am facing a simple possession marijuana charge. I am 23 years old, a first-time offender and have never been in any type of legal trouble whatsoever. Is there any information you can give me about requesting a pretrial diversion in Tennessee?
Pre-trial diversion is handled differently in every jurisdiction. Some jurisdictions may offer it while others don't offer any programs at all! The best way to answer your question about programs in Tennessee is to discuss your case with an attorney in the county where your case is pending. Thank you for visiting and for your question.
So I can’t get no tickets of any kind? I’m on PTD for simple battery. I got pulled over when I was doordashing. All I was doing was looking at the gps but the phone was in my hand . Not only that I forgot my wallet at home and it made that two tickets. No license on person and failure to exercise due care . Idk what to do because I was just doing my job and don’t want no jail time because of this! What can I do?
Regrettably, I cannot give you legal advice on the Internet because I don't have access to the evidence and law applicable to your case. Only your defense attorney can evaluate your case based on the facts and law involved. My recommendation is to hire a qualified criminal attorney immediately to help you. In the meantime, say nothing and do nothing until you have your attorney on board. Thank you for your good question.
My husband has been clean almost two years. He got arrested in 2018 for drug possession. His lawyer has offered him diversion. I assume this would be his best option?
I cannot advise a decision like that without a complete review of the evidence and law applicable to the case. I appreciate your question nevertheless.
Does “mental health diversion status” mean the defendant already is in a diversion program? Or does it mean the defendant is trying to get accept into a program. I read this phrase from a case transcript
I am a first time offender , i have an aggravated assault with a deadly weapon my lawyer recommends doing a pre-trial diversion as he said it's a high chance be approved my question is because I'm a first-time offender am i likly to be taken in to the program even tho its a felony ?
That depends upon the prosecutor running the program. They have developed standards upon which they decide what cases are pre-trial diversion worthy. Good luck and thanks for your question.
I believe some years ago the local news channel videoed my final argument in a capital murder trial. But I would have no idea how to locate the video. Why do you ask?
@@GustitisLaw I always enjoy listening to lawyers present their arguments. Years ago, when time permitted, I would sit in criminal trials in Liberty county, Georgia. Reading and practicing are different issues. 28 years experience.
If I am finishing my Diversion Program for misdemeanor theft (first time offense), and I successfully completed all the terms, will my case automatically be dismissed in court next month??? I
Discuss this contract with your defense attorney. There are many benefits to pre-trial diversion, but they make you work for them. DO NOT make a decision about this program without the help of a criminal attorney. Thanks for your question.
I was charged with 1. BATTERY-FAMILY VIOLENCE MISDEMEANOR 2. SIMPLE BATTERY FAMILY VIOLENCE 3. CRUELTY TO CHILDREN 3RD DEGREE 4. CRIMINAL TRESPASS Do you think I will get time for these charges i they put me out of PTI today for telling them my living situation I was just asking them to consider me being 20 years old homeless and with 2 kids into consideration moving forward apparently she didn’t like that and told me to contact my public defender what do you think will happen??
Only a defense lawyer familiar with all the facts and circumstances can answer your question. Since I have no idea, it's impossible for me to say. Thanks for your question, nevertheless.
The program, if offered by the prosecutor, is a contract where you promise to complete certain conditions and the prosecutor agrees to complete some, as well. I would consult with a local criminal defense attorney to see if pretrial diversion is offered in your jurisdiction. Thanks for your question!
Gustitus law ... councellor, what video next!? I know your busy but can’t wait lol. It was good to hear from you today thx. foley gave me a consult lately. I have to Admit scary shit on me and said that I’m probably gonna spend my life in jail and 5 k For a second opinion if not. Ummm got super appellate lawyer in St. Louie for half that... or appeal for 20 k a fair price I think ..no not Lin... he wouldn’t answer..bless Rittenhouse...But thanks for replying I think you are a prodigy, you kind of remind me of Dustin Hoffman in the movie the Rain Man except your artistic talents is in law obviously. No pun intended we are not worthy in your presence LOL!
You can apply for any job you want. However, the arrest leading to the PTD will be accessible to any background check the potential employer completes.
Looks like my state says assault ( Homicide.CSC, Robbery Stalking and Larceny From a Person) disqualify for diversion program. I didnt stalk rob kill or commit larceny. It says no violent crimes.... I wonder if I still may qualify...I am hoping I still do? I'm so afraid this relationship will be over if I'm convicted :-(
Pre-trial diversion is a program developed by prosecutors. They have the right to determine what types of offenses are eligible and which ones are not.
@@GustitisLaw gun stoppers was called on me saying i had a gun on me supposedly they were watching me with monoculars and they approached me and said my first name and asked if i had a gun on me i said no and still frisked me and found the gun i was arrested went to a court hearing i was put on pti probation can i fight the case or can it be dismmised on pti?
If you got approved for a diversion but the Arresting officers never read your rights to you.. does that mean they still have a case against you even if they don't read your rights
Police are trained to NOT read rights until they have to. Just because you get arrested does not mean the police must read your rights. Miranda rights are ONLY required when a person is in custody AND the police want to interrogate the person. Otherwise, Miranda rights are irrelevant.
What about mail theft with usps first time offender being charged with felony entered confessed statement on what evidence was brought against them ? My friend took some gift cards and they had a picture of him using the card so he admitted to it in writing a letter to the judge although he wasn’t charged with anything just questioned about it
Your friend must REMAIN ABSOLUTELY SILENT and hire a criminal defense attorney immediately. Everything your friend says can be used against him in court. The defense attorney will be better able to answer your questions. Thanks for visiting my Channel.
You need to hire a defense lawyer to help you. Most people are ill equipped to effectively negotiate with a trained prosecutor. Regardless of what you think the evidence is, you are also ill equipped to evaluate the admissibility and persuasive value of the evidence.
thank you for the public service and all of the information you are providing. I will try and make this as brief as possible. Is there a time limit to be left out in bail? I do not live in texas. I was arrested on dec 18th of 2018 and I am being charged with 400g or more of marijuana edibles in the state of texas. I am being preasured in to taking a pre trial diversion meeting on Dec 9th of 2020 by being told multiple times I have already been indicted and that this is my only date to take the option. the evidence was never lab tested. I asked for a copy of the indictment a few days ago only to be told "actually I apologize you have not been indicted". also being told that if I accepted this offer it is not an admission of guilt. Everything that other videos are saying is that by agreeing to a pre trial diversion you are admitting guilt you are waiving your rights to defend your self in trial. If the evidence has not been lab tested what is the best defense from this point forward? Should I ask for lab results before deciding on a PTD? It is my understanding that the statute of limitations is three years to be prosecuted for drug felonies in texas. When does this apply after indictment? If the substance is tested positive for the weight and purity of the original charge can the District attorney remove the offer of pre trial and pursue a jury trial and maximum sentencing? Thank you again for taking the time to help me with this. I hope I have explained this alright if not I am willing to further clarify. Frank Lentz
Frank, without having a detailed knowledge of the facts in your case, it's impossible for me to speculate on case results. But pre-trial diversion can be a spectacular opportunity for persons in the right circumstances. In reality, the best person to discuss these questions is your criminal defense attorney. They can explain how pre-trial diversion works in the particular jurisdiction. They can explain the risks and benefits of the the program, as well.
@@GustitisLaw I have been left out on bail for 2 years. ART. 32.01 says that they have 180 days to file indictment once you are placed on bail. How does this work?
@@franklentz8508 Art. 32.01 allows a court to discharge the person from the bail, not dismiss the charges. A court has no jurisdiction to dismiss a case not yet filed in their court. (see Ex parte Melanie Cathcart, No. 129-99, Texas Court of Criminal Appeals) However, a court may dismiss a prosecution on speedy trial grounds, if the defendant proves the elements of a speedy trial claim.
i was arrested n detained for walking home they claimed i was suicidal but instead of bringing me to a hospital they locked me up in a cell against my will with a matress on the floor no blanket or pillow so i ripped the mattress a lil bit n they want to charge me for 2 matresses now they offered me diversion should i accept ot take it to trial
Random UAs are typical of a pretrial diversion program. I’d refer to the specific terms of your contract to answer your question. In fact, consider asking the person who is supervising your contract to be absolutely sure. Good luck and thank you for the question.
More than likely.if u think or know you will fail,I'd suggest quitting immediately get some written statements from legit sources saying how ur doing things to better yourself and this was just a slip up. Consider telling them before they say they're going to piss test u. I checked in and called whenever I went anywhere and always kept my ppl updated...good on my is in treatment- never had to take one for pretrial. In ur case...yes. id bet on them doing it. I Kno that sucks to hear...but it's real. Good luck
why do most attorneys always give the option that best suits them " plea" deal! If anything I would definitely use this option first, Pretrial Diversion contract with prosecution. To me seems like the best option to start with in a case.
If prosecutors have a program established, you would be right about 90% of the time. But make sure you have evaluated all aspects of the case before deciding any course of action.
I’ve successfully completed my terms of my pretrial which were to, pay fines and community service, my pretrial was set for 12 months but I have completed half of that term with this month being the 6th, how could I go about having my pretrial ended early? This was my first offense for misdemeanor marijuana and I wasn’t arrested, I was just given a citation I must add.
Hey Steve" why is my name in all capital letters in district court papers. But where there is a actual victim in a higher court the name is not in all capital letters. Thanks. By the way for your information. Also I am currently a defendant fighting a case in a district court. When the officer stopped me, he asked to search me without reasonable suspicion, I said no , so he placed me in handcuffs . but he admitted in court, under oath that he did not probable cause to search me . what is your advice Steve?
It doesn't matter if your name is in capital letters. My advice is to REMAIN SILENT and hire a good defense attorney to help you defend yourself. If the police improperly arrested you or searched you, your lawyer will handle this in the courtroom. Good luck with this important case.
@@GustitisLaw your awesome about responding to people. My thought is if your amazing about responding, That shows me a lot about you as the real deal. I wish I could afford you. I would love to tell you about how I was harassed by the cops and strong armed.
I was arrested but she dropped the charges so I was on a pretrial diversion. It says the agreement will expire after one year in Indiana do it still show up on my record?
Mr i am a first time offender i was pulled over for fake plates and then had my vehicle searched beacuse of mj smell i also had two thc pens the officer asked me if i knew they were illegal when i bought and i said yes beacause i was scared and just wanted to be honest my attorney says i may qualify for this program my question is if i dont qualify will i for sure do time in prison im 18 years old and i wanted to go to the military but now im really stressed out he charged me with 3rd degree felony and a class b misdemeanor
i was charged with 4th degree child abuse 2019. i was on diversion completed all requirements received dismissal. shows on my background check how can i remove this from my background.
Hello Gustitis, recently at work I was caught scanning cheaper items for other items which overtime added up to 200-222 dollars (security lady was adding random numbers, I'm not sure if it's 100% correct) I was very honest with the secuirty lady and told her I never thought it'd lead to property damage and never had the attention to steal anything but their policy is it's theft either way. They decided bring this to court even though they told me I have to pay back restitution which I agreed and didn't argue with. Should I say pretrial diversion? I have a clean slate and never ever stole anything or had any criminal records. I made a stupid mistake thinking it was okay to do that :( Please let me know!
Also, first punishment was firing me and then charging the restitution. Furthermore, they want to bring me to court. It's a very stressful time for me.
Since I haven’t investigated the facts, my advice would be pure speculation. Ask your lawyer this important question. They will know the facts and can put this offer into perspective for you. I wish you luck.
I got arrested for possession of THC and was charged a felony for it. I’m doing the program now and I’m currently doing the random drug testing and community service every month. I’ve paid all of my fees but I just wanna make sure once I complete the program this will not only be off my record but that I will also not have continue to test or do community service.
I don't know whether it will be "off your record." That may be a matter of the contract you signed for PTD and the expunction laws of your state. Did you discuss these questions with your defense attorney at the time?
@@GustitisLaw I was told that it would be off of my record. I just didn’t know if I would continue having to drug test and do community service even after the fact.
I was changed for petty theft ( stole 60 dollars worth of groceries from Walmart not on purpose) I've never had any criminal record or done anything wrong. Will I qualify for pre trial diversion??
That depends upon whether the prosecutor's office has an established pretrial diversion program. The best person to ask is your criminal defense attorney. They will know the court system and whether the prosecutors have such a program. Good luck.
I have a question so i got arrested for 647 b but before that i was arrested on a pc 211 my case got dismissed will i still ve eligible for a pre trial divserion
Since the prosecutors decide what charges qualify, it's difficult to speculate about the most "common charges." I know prosecutor offices that offer pre-trial diversion for most charges, and others that limit charges to just a few.
I have been wit 1 degree child endangerment death of my daughter even tho I was around but my legal firearm was use never been n trouble wit law before is it possible I can get probation I have pretrail coming up
Only your hired defense attorney can answer that question. They will review the law and evidence and advise you on the options. They will also know how the prosecutors, judges, and juries respond to these kinds of cases in your community. Thanks for visiting.
I did that in juvenile court when I was charged with armed robbery and assault. They let me out of juvie and I had to take anger management, drug abuse, and behavioral therapy, take random drug tests, stay away from the victim, and do well in school . I only had to do 3 months on that😂. But I caught other cases after I finished that so they put me ina program that’s a alternative to being in juvie. I’m also facing a case in adult court (I’m 16) for assault 1st degree but I’m confident they will drop the charges
That written confession sounds like a huge disadvantage. Especially if you are (truly) not guilty of some of the charges pressed against you. Praying for everyone going through the system.
That's why you MUST consult with a criminal defense attorney before entering into such a contract. Make NO decisions with such a consultation.
Hypothetically, if a prosecutor really wanted to ultimately have a defendant convicted by a judge or by a unanimous decision of the jury, but didn't currently believe there was enough evidence, then, as a way of deception, offer a pretrial diversion program as a trap in order to obtain a written confession, which the prosecutor can use against the defendant in court after intentionally and maliciously terminating the established pretrial diversion program contract, regardless of compliance with the contract by the defendant?
@kermit9987 and that's exactly what they do too 💁🏼♂️😅 you must know sum
Right and then going in front of a judge and the judge telling you all your rights that are waived and pleading guilty to the charge
I was charged for verbal harassment, and I’m now on probation for two years as part of PTI. I honestly never knew it was a crime, let alone something I could be on probation for. It’s messed up my life permanently. And not all expungements are approved.
The Pre-trial Intervention contract should explain what the prosecutor will do upon your successful completion of the contract. Can you tell me what it says?
What didya do?
Hey, I really like the videos! Can I request one comparing a jury trial to a bench trial. The advantages and disadvantages to each. Thank ahain!
That’s a good idea. I will put that topic on my list. Thanks.
@@GustitisLaw Yup!
Thank you for posting this. Because of your explanation regarding the pretrial diversion program I have decided to take my case to trial.
I have researched the charges against me and I am confident in my ability to raise enough reasonable doubt to be found not guilty. I just hope my public defender is familiar with defending someone with this specific charge, as I have never known anyone in our county ever actually being charged with it.. (penal code 270.1)
I have tried finding a law firm that would be able or willing to review my case, but unfortunately due to being low income I seem to be at a standstill and stuck with the public defender I was given just this past Tuesday (May 9th) and have only received one email from. And of course I was told I must decide by this coming Tuesday (May 16th) whether to move forward with taking my case to trial or accept the offer of the pretrial diversion program that the district attorney is offering.. and due to the fact that I would have to sign something saying that I admit guilt in the matter, which is not true..
I have decided to take it to trial.. 🤞
Again thank you for the much needed explanation.🙏
It was more of an explanation than my public defender gave me.. 😒
You are welcome. I wish you the best of luck!
What happened with your case !!???
@@tylerhoward6357 prison
What happened?
Thank You For That Informations, Very Insightful. I Do Have A Question. If I Have A Warrant Out Side Of My State/County, Who This Affect Me Entering In And Completing My Pre Trail Intervention Program?
If the charges outlined in the warrant did not happen during the pre-trial intervention program, then my best guess is no. If the charges did occur during the program, then I'd say you have a problem.
If your case hinges on illegally acquired evidence, would it be more sensible to file the motions or take the pti?
The biggest disadvantage is having to meet with the District Attorney's office once a month. Other than that pre-trial is literally a get out of jail free ticket. If anyone has been offered pre-trial and know that they're guilty of the charge, then it would be gravely a wise move to go with the pre-trial program.
I agree. I believe there is more to gain for the accused, than for the prosecutor, in pre-trial diversion programs. But one thing needs additional comment. It's not whether a person is guilty, it's whether the state can prove the charges beyond a reasonable doubt. Only a discussion with the defense attorney can help decide whether PTD is a good choice, or not. Thanks for commenting.
I am a 100%. disabled veteran, I was charged with unlawful weapon pocession while going for an afternoon bike ride by the city police. I was booked but was realleased the very next day on the grounds of non-probable cause. Half a year later I tried to get back my weapon to which the court employee advice me not to because the charges would be put on me again. I didn't believe double jeopardy would happen so I disregarded and continue to persue the recovery of weapon, at this point now the State charged me again with the same charges. My options now are to go totrail
I'm sorry I' m not in a position to answer your question. A competent answer would require me to review all the law and evidence in the case first. I would say your best source of information is your defense attorney. Good luck and thanks for your question.
I’m a 1st Amendment Audit Activist. I have a 10 charges for filming the police & government buildings. None of them waste physical nor violent. I have trespassing, obstruction of gov op, verbal harassment, disorderly conduct, ref to ID, passive resistance. I was arrested 5 times in a short amount of 5 months. I have never been in trouble with law until I decided to pick up my phone and start recording. My attorneys filled for a Diversion program but they been giving them the silent treatment. I wonder if they’ll approve it
I have no idea. Since the D.A.'s office controls whether a person will be offered pretrial diversion, your local defense lawyers will be in the best position to determine the success or failure of your request. In the meantime, I would cease your 1st Amendment Activist activity. Pissing-off the government is not a good strategy at this point in the process. Good luck.
Don't let them fool you. If you are a first time offender and you have been charged with a petty theft crime you do NOT have to pay restitution if you are innocent, and you DO NOT have enter into a plea bargain. Stand up for yourself.
If you are truly innocent, then set your case for trial. But make sure you are prepared to deal with the consequences if the case goes south. Just because you are innocent, the law does not promise you a favorable verdict.
@@GustitisLaw I'm mainly talking about Pretrial Intervention. When there is no admit of guilt, and you have no criminal record. My city is trying to make me pay restitution for a crime I didn't commit because I told them I'd be willing to do a PTI even though I am not guilty, and I currently live on disability for Aspergers Syndrome. They cannot make me pay restitution with a federal protected income either because that is against the law and it's currently my only source of income. Not to mention that my right to a speedy trial has been violated as well because I've been having to wait a year and a half just for a petty theft charge. Absolutely ridiculous.
Thanks for contributing to this discussion. I wish you the best.
I was charged with burglary and petty theft for squatting and eating a peanut butter and jelly sandwich. The cop told me she knew the people since she was 4 years old and that they will later drop the charges. I hope to God they do because I want to be a firefighter. I'm now currently living at a homeless shelter and trying to start over but I haven't heard anything yet about a court date. I got arrested March 25th of this year and it's currently April 27th. If I have to ill just do this but i could be on probation for years and that's bull shit. I didn't damage anything all I did was slide some glass out of the way, sleep in their bed and take a shower. They had valuables and I didn't touch them. They walked in while I was sleeping in their bed.
I am on a pre trial diversion for Facilitation of 1st degree robbery. Class D Felony. I received 5 years probation. My question is, am I considered a convicted felon? Or would that only apply if I fail to complete the terms of my diversion?
You become a convicted felon after a judge (or jury) enters a verdict of guilty. Pre-trial diversion avoids this consequence and avoids any adjudication of guilt. If you failed to complete the terms of your diversion, you'd be back in court to defend the charges.
Thank you
@@masonotb Of course!
My son is a college student and was pulled over for a tag light and police said he smelled weed so the police searched the car and found the vape, the cop went by a box that was found in the car saying how much the vape held and my son told him that’s not even the box that goes to the vape, cop said it didn’t matter because it’s the same manufacturer. So he goes to to jail which now he has a felony. We get a lawyer and was told it would be dropped and expunged off his record but now he is being told without even going to court he will try for the pre trial diversion, is that the only way he can get it cleared is going through pretrial diversion? Oh and the lawyer is making him go to AA meetings and something else that he had to pay for before court. Which none of this was said until we paid the attorney. Which he will be clean when he goes to court, I just feel like this is too much for a vape and a tag light.
Does this program prevent you from being able to sue in civil court once you complete the program if it only included you staying out of trouble for 6 months?
Need your advice I have first time solitation pros/paying other case. What type of pretrial program will be there and duration. I am on work visa.
Do I, as a defendant, have to be present with my lawyer at a formal misdemeanor diversion hearing?
Please if you get a citation for shoplifting . The cost of the items was $70.22. Now get into a diversion program for 2 month and that’s the first criminal offense committed. Please is it guaranteed that the case will be dismissed and it won’t affect future job opportunities that requires background checks especially in nursing.
Thank you
Thanks for commenting on this thread and sharing your opinion.
What happens when your on a pre trial diversion contract and you beach that contract. Do you just start probation over ? Or do you go to jail
Is this true in Wisconsin? That defendants are not subject to court appointed punishment if they violate? Also, does this mean that a person who violates the contract is then allowed a trial?, You said that the prosecution continues prosecuting and simply terminate the contract, but shouldn’t they get a trial then?
It depends upon the terms of the contract. Pretrial diversion is a gift. If the defendant screws-up the gift, then the prosecutor is free to do what they want. If the person is then charged, then they have the right to fight the charges. However, pretrial diversion contracts typically require a confession. That would make defending the case very difficult.
What do you advise for a weak case for misdo dv charges considering the impact on custody negotiations? A divorce lawyer said a diversion is the same as being found guilty in family law and divorce cases.
In California *
I have no idea. I am not familiar with CA law, nor the facts of your case. Unfortunately, whether a case is "weak" or not is often a matter of opinion. Please consult with a qualified CA criminal defense attorney to help advise you.
Got arrested a few weeks ago for “shoplifting at Walmart at the self checkout” & have my first court date soon. Someone told me about pre trial diversion. I’ve never been in an type of trouble other than this. So when I get an attorney & mention this to my attorney will I have to be on probation or community service or something like that in order to complete the program or will I just have to stay out of trouble for a year ?
I have no idea. Since I know nothing about the facts and circumstances of the case, I don't know if PTD, probation, or jury trial is the best option for you. Your defense attorney will know best.
Usually that’s a petty theft charge for that you should definitely without a doubt be eligible for the program
My son is currently facing criminal charges for a fight he did not take part in and possession of marijuana that was not found on his person. This is his first offense, although were fairly certain we could prove his innocence I remain skeptical of the legal system and fair play. I asked our lawyer about pre trial programs he might qualify for and he seemed unwilling to discuss those options. Should I push him to seek any pre trial programs as a quick resolution and if he's willing to do so should we find new counsel?
Hiring a new attorney is totally within your discretion. I hesitate to give you specific advice in this matter since I have no idea why your current attorney is not willing to explore the options you mentioned. Certainly, you could ask him whether pre-trial diversion programs exist and what was his opinion concerning your son's qualifications. You could also ask why he's not willing to "discuss those options." Good luck and thanks for your visit.
Thanks for offering this info it'd be great of more tried to help others like you are. The offer to contract from the DA reinforces a few things I'm deciding on in the law world.
PTD programs are only available if the prosecutor has already developed the system. If the DA has no program established then you’re not going to have a chance to “contract” with the prosecutor.
Hello, can i be Eligible for Diversion for a Minor Fender Bender incident if have a pending Reckless driving in the same state but different city? I have a clean prior record just have had bad luck for some reason
Can you get a extension for a diversion/program? If unable to complete the classes if needed due to housing and such. It states on the georgia forum i can, but it says to nicely ask for a extension but just need to know if this possible tho?
I have no idea. Hire a lawyer to review the diversion contract. That may answer your question.
After successful completion of the pretrial diversion program and the charge is dismissed, if an individual repeats the charge again would that current charge be considered their 1st or 2nd?
That depends where the second offense occurred. If the first prosecutor knows about the new case, they would NOT consider the new charges as a first time offense. If they did not know, then probably yes. This may also depend on whether the records of the first offense were expunged.
In 2010 I was the victim of domestic violence and my ex was offered a pre trial diversion because he had no prior arrests or convictions.
In 2022 he was arrested for assaulting a new partner and has yet to go to court in regards to this charge.
I do not know whether or not my ex has ever had the record for the pre trial diversion expunged.
Would there be any record of the past pre trial diversion - which would mean that the court is aware of him already committing the past assault against me.
I wanted to know this because I am concerned that he may be sent to jail for an extended period of time which would negatively impact me as my daughter is severely disabled and I rely on his financial support. I am Canadian and my ex is in Texas, so I don't understand exactly whether or not that past arrest would show up on his record when they are trying him for a new crime (which is essentially the same crime of assaulting causing bodily injury of a domestic partner)
Unless the record of his prior arrest was expunged, then it will be found. In that same vein, expunctions do not occur automatically.
Way back in 1998 I went to Louisiana and got caught with some weed. I did the pre trial diversion and it was never brought up again until now 25 years later. It showed up on an NCIC background check as pending. So I lost my ability to be on the local army base as a contractor. Their list of things that will flag you include a conviction for manufacturing with intent. So I was denied. My question is this…. I wasn’t convicted so… are they in the wrong for denying my access? How is this just now appearing on my background check, when I’ve had multiple background checks done without issue? Any help or advice is greatly appreciated.
I have no idea. The government does what the government does. You need to understand Louisiana law.
How it works for someone who commits felony unintentionally (with mental illness) ? will diversion pretrial works like normal (with fine, community service hours or educational counselling )?
Only the prosecutor can decide whether this is an appropriate way to resolve the case. Talk with your defense lawyer about whether the prosecutor has a pretrial diversion program available.
Also, just because a person has mental illness does not mean their conduct was unknowing or unintentional.
I'm not sure if you still reply to comments ... but can the prosecution add more charges while you're on a judicial diversion?
Were more charges committed after the diversion began?
What if this is your first offense ever. No criminal record no arrest . Haven’t even been to court . I was offered ptd and I’m definitely going to complete this. Will this show up on my background?Will this show up when applying for a job? Does this mean I have charges against me? Even if I wasn’t arrested or even been to court yet ?
Until your record is expunged, generally it will show-up on criminal background checks. After the the pre-trial diversion is completed and the prosecutor dismisses the case, you would probably become eligible for expungement sometime in the future. But the best person to determine this is your criminal defense attorney. They will be familiar with expungements in your state and can give you more accurate information. Thanks for your excellent question.
Ok serious question, this is my first felony charge for “act of terrorism” and I was offered the PTI program without probation. I’ve been clean ever since I’ve been out of jail, however idk if I’m going to drug tested as I was honest on the application, Is there a possibility they’ll drug test me?
Of course they will drug test you. Everyone gets drug tested these days.
@GustitisLaw what if the area that I got booked in at (Bartow county) processed my property the incorrect way. For example I had a warrant in another county Hillsborough county ;but was booked in Bartow county and I had a bag,cellphone, wallet with some money, and the clothes on my back and before I got booked in I signed papers for my property, however when I got transported to the other county (Hillsborough county) they haven’t transported half of my property with me ( my wallet with money, my bag, and cellphone) the only property I signed for was my clothes . Do I have a lawsuit with Hillsborough county? I even called Bartow county 50 times and I can’t get in contact with the property officer. I even talked to the Sargent .
I don’t know about a law suit. I practice criminal law, not civil law.
I am about to accept a pre trial diversion. In Texas how long does it normally take to get your record expunged after completion of pre trial diversion?
Katana: That is an excellent question. Your wait time depends upon the statute of limitations. If you were arrested for a misdemeanor, then count on waiting 2 years from your arrest date to apply for expungement. If you were arrested for a felony, then the wait is a minimum of 3 years from your arrest date, but could possibly be longer depending upon the felony. Good luck with your pretrial diversion. I know you’ll do great!
Diversion is only “expunged” on a state level but not a national federal level. So you still plead guilty. It’s a trap. You’re basically paying into the system to stay out of jail
@@mardigras33 what do u mean
@@phillipedwards2500 diversion is just like being in jail, except you are free to work. (To pay your fines) if your diversion program is for 3 years and you’ve paid on time 2 years and 9 months but MISS one payment, you have to start diversion all over again. So, once you go up for “expungement “ it’s only granted on the area that you were convicted in. To get it completely expunged you have to submit your expungement documents to Lexis Nexus, three credit bureaus, and the agency that governs insurance quotes. You also have to submit your expungement paperwork to the FBI to remove your prints from the database. But depending on the charge you were convicted for, good luck. Attorneys don’t tell their clients this information, nor will the clerk of court tell you. Best wishes to you.
Stupid question I'm sure. For larceny, if you admitted to it prior to formal charges filed, meaning in initial police statement/interview over the phone, can you still be eligible for pti? It kept saying online if you plead guilty you are ineligible? No formal charges yet.
I have no idea. I don't know what the policies are regarding PTD in this jurisdiction.
Hello Sir, I have a quick question. One of my friend has an arraignment on May 20th regarding a case called “Larceny under 1200$” for a petty theft at Walmart. He spoke with an experienced criminal defense layer and he suggested pre trial diversion. He was asked to pay restitution and complete an online course. Once he pays back the restitution (sends money order to the court) and completes the course the attorney mentioned the case will be disposed (meaning he won’t be charged nor convicted) l, having a clean record, and the record doesn’t show up in criminal background. Also my friend is an immigrant.
So my question is - if we complete pre trial diversion requirements before arraignment- does that mean he won’t be formally charged? And also it will not show on criminal background? Is that true?
If the above is true, then fine. If not what would be the case and will it affect immigration?
Also I follow all your videos, please keep doing all your great work for your client. Thank you so much
You must read the pre-trial diversion contract to know what the agreement says about the resolution of the case following the successful completion of the program. Unless the records are expunged, the case will remain on his record. Only an immigration expert can tell you whether there are immigration consequences.
What was your outcome?
@@jouveliartwhat was the outcome
Hello. Are the conditions to be fulfilled in a pretrial diversion and in a probation necessarily the same? I know the first takes place before trial and the other is a type of sentencing. But the conditions to be met seem very similar to me.
They are very similar. Basically it's being on probation without being on probation. It's the ultimate outcome that is so different, however. With probation you have a record. With pretrial diversion you usually get a dismissal.
I'm scared of what the courts may do to me even though I'm innocent will the truth in your opinion come out in court with a public defender or should I try to get a personal lawyer which I don't have the money for my question is can I trust my public defender to find out the truth in trial
Can I go to court in another state if I'm on pretrail releases in another state and that state say I can't leave the state
You will need permission to leave the state for your court date.
My case is a toss up l think.
Who starts with the PTI program, the defense or the prosecution’s?
Would it be safer to just go into the PTI program rather than face a judge?
I am a first time offender with a first degree misdemeanor.
Whether to participate in a PTI program is ALWAYS dependent upon the facts of each case. Consult with your defense attorney to get first-hand advice on the best course.
I'm on federal diversion low risk and I was wondering is it going to show up on my background check for this job i applied for the railroad.
I'm sorry, but I have no idea.
I have received a pre trial diversion contract. Are these terms set in stone? Can they be re worked now or later ?
I'd talk to your attorney about that question. I would say that prosecutors would rarely "negotiate" the terms of a pre-trial diversion since the end result for the defendant is so favorable. But that might be a case-by-case evaluation. Good luck and thanks for watching my Channel.
I’m being charged w/ a second degree misdemeanor for driving without registration in the state of Florida, I’m set to appear in court 10/12 and I’ve been given the weekend to decide. (I had no idea because I got temporary tags from a dealership)
I’m being offered the diversion program.
1. I’d like to know how would this affect me wanting to be a dentist and/or getting future jobs?
2.Would expungement show on school applications/federal applications?
3. Taking the diversion route would mean I pleaded guilty ?
I have no idea how to answer your questions. I don't know Florida law. I don't have access to the evidence in your case. Only your attorney can accurately and precisely answer these important questions.
I have a question. My son had to go to court for truancy. They dismissed the charges against him and charged me with improper supervision of a juvenile. They only wrote me a citation. I went to court and they offered me the pre trial diversion program. I paid 100$ and as long as he doesn’t miss school without a doctors note I believe the charges will be dropped. My issue is this is now on my background. Will it be removed once I complete the program.?
Whatever "record" you have now will not removed automatically after you complete the program. You should consult with a defense attorney in your state about how to expunge records of this kind. After expungement, the records would then be removed. Thanks for such a good question.
Not likely because the criminal actors love to defame your character and reputation in the public eye
Judges are catagoricly political activists
Let’s say you start pre trial in 5 days and that you just found out due to them closing because of coronavirus, and you haven’t quit smoking. will they give you a warning on your first drug test? i was suppose to be in the start the program back in march.
I don't know. That is a risk you'll have to take, I'm afraid. Good luck. I wish you the best.
Hi mr criminal defense attorney. I’ve 2nd degree felony theft or robbery case and my private defense attorney is a great defense attorney he’s seeking diversion program and dismissal after the 2 year probation and the state offering 3rd degree felony conviction 40 days county jail, then after that it will drop to a class A misdemeanour witch is ridiculous I wanna go to trial because it’s falls allegation she made she used my services witch is ride share service didn’t pay me she offered me her purse as a collateral I said no Im calling the cops and she ran away from me then I called the cops on her they said the don’t have any officers available right now and keep an eye on her. Then I called the 911 again I said she’s running and I’m losing her please send officers I said again they said the same and this lady left her purse in the car then she called the cops and she claimed that I robbed her. Then the police were after me scared me I also made statement that led me self incrimination just wanted them to leave me alone. now we only have that 1 damage my case witches confession out of fear and I really really really wanna go to trial . What are you thoughts about this? And I also know that you’re not familiar the law of my state. I just wanna see if that is more risk for me? Or I can risk it. Just your opinion not consulting thanks sir .
I have no thoughts, regretfully. Every case on the planet is driven by the facts, not necessarily the law. You are actually asking me for legal advice, which I cannot provide. Your present lawyer can answer all the questions you have. Good luck.
A couple of months ago I went to pick up my brother at work. My brother works as a security guard/bouncer at a strip club in one of the worst parts of New Jersey. Normally he gets off at 3 AM but that night he got off at 11 after having an altercation with one of the patrons. He had gotten into a fight with the patron after discussing the patron touching one of the girls, that escalated after my brother was hit with a bottle, my brother beat the crap out of the guy and left the scene. I met him in the nearby mcd where I’ve picked him up many times before and drove him home.
The next day I got a call from the police saying that I was wanted for questioning for the whereabouts of my brother. When I returned their call. I was told to come down to the police station. I left Work early and went to the police station with my mother who was also cold. And when I arrived the detective brought me into a room to take my fingerprints. He said I was being charged with jumping this man and helping my brother flee the scene. He charged me with second-degree assault and allowed me to go home with my mom, telling us to tell my brother to turn himself in, which he did spending 72hr in jail. In the following weeks, I hired a lawyer and found out the details of the fight. We’ve been going back-and-forth with them claiming my innocence but prosecutor offered me PTI.
My lawyer then called me and told me that I need to confess to being guilty to get a lesser charge from my brother or risk going to trial and getting worse punishment or going through with the pti.
I’ve never been arrested, or charged with a crime. I work in the healthcare field, and fear that this will interfere with my job and my upcoming contract negotiation with my hospital. I don’t really know what to do? I’m being told that I would need to pay fines and give my DNA to a database, when my lawyer previously told me that he would help me prove my innocence. Is there anywhere I can go from here?
I know it’s a bit late but I was just offered this yesterday and I have an upcoming court appointment today to begin my PTI. Any advice would greatly be appreciated.
I’m sorry I cannot give legal advice on my Channel since I have not independently investigated the facts and law applicable to the case. My best recommendation is consult with a defense lawyer who can review the evidence and give advice about how to defend it. I do appreciate your visit and I wish you the best in this difficult situation.
What if you have a Pre-Trial Diversion coming up to attend to and you end up getting a ticket like me?
I received it in January but I paid the ticket the very next day.
Is there a chance the case may be dismissed altogether since that being so?
I doubt a traffic ticket would be enough to violate a pre-trial diversion contract, but theoretically it is enough. It also depends upon what the contract says about breaking the law and whether a traffic citation is something they are concerned about. Finally, you did not tell me whether you were actually on the pre-trial diversion contract when you got the ticket. If you were not, then the ticket is most likely irrelevant. Thanks for your question.
@@GustitisLaw well it wasn't a traffic ticket, I should've been more specific.
The police officer wrote it as a ticket and this was before I was on Pre-trial Diversion.
The ticket was charged with theft in utilities under $1000 (around $200 to be exact). Water company turned off my water back in January and someone reattached it illegally and still to this day I don't know who did it and I'm charged for it because my name is on the paperwork for the water company.
So, now I'm having to be put on the program but since the ticket as it was written was paid the very next day, I was wondering what there is to expect from the program since it was paid so soon.
Is it possible that they wanna at least hear my side and possibly dismiss it or will the program will still go forward as I expect it to?
Any information would help and thank you for the response.
@@NGSX If the charges for theft occurred before the beginning of your pre-trial diversion contract, the theft charges should have no effect, unless the prosecutor will simply not offer pre-trial diversion because of the prior theft charges.
how does the drug test go? I haven’t started my diversion program and I’ve smoked 3 days ago
Then you'll be dirty. You need to quit doing drugs IMMEDIATELY if you want to successfully complete a pre-trial diversion program. Believe me, they will have no tolerance for drug use.
Damn bro, you get locked up?
Can you finish the program early if you pay the amount owe
I’m on PTD for a DWI charge (first time offense). Mind you I was never caught with alcohol only empty containers I blew a 0.7 & was sober after another test 25 mins later. They agreed to dismiss my case as long as I attended an online class and 30 hours of community service. Any advice would be appreciated thanks!
I'm not sure of your question. Usually, when a person enters a pre-trial diversion program, they must confess to the crime and waive their rights.
i will be done with my pretrial diversion on the 11th, will i have to show up for a final court date for expungment or is that done by the court and diversion company?
Congratulations! The expungement is an additional procedure that you must hire an attorney to help you with. Ask your supervision officer whether you must appear in court. Good luck and thanks for visiting.
@@GustitisLaw thank you!
Henry Johnson how long did it take you to complete the program including community services hours if given
@@matweezy1760 hey, my program lasted exactly a year. no community service hours given before or after completion. Just stay honest and clean for a year and your good to good to go.
i also did not have a court date after completion of the program. my county states if you were to get into trouble with the law within 90 days after completion of the program the charges can be added again.
I just received a notice of court appearance for January 2021 for a class b misdemeanor for theft in comal county texas. Can I file for a pretrial diversion? This is my first time being in trouble with the law, so I am not sure of what steps I need to take to keep a clean record.
Also will a pretrial diversion affect my lawful gun ownership? I do not have a LTC yet
I also do not take any drugs or drink any alcohol, so I can pass a drug test if that is required
The first part of your question depends upon whether Comal County has a pre-trial diversion program. If they do not, you will not obtain that objective. If they do, you will need to meet their requirements. My recommendation is to hire a criminal defense attorney to help you. They will know whether the diversion program exists and what factors the prosecutor would consider in evaluating your case for the program. If on a program, they will randomly check for alcohol and drugs so your clean lifestyle will be a big plus. Good luck!!
I’m currently in a military diversion program in California. I understand that once program is complete the courts will usually erase dui case against me. The question I have is what are the chances the dmv will do the same? I have a class A license and need to drive trucks for a living.
Thanks for your good question! My experience is limited to Texas, so you'll want to consult with a defense attorney in California to be sure. Nevertheless, here in Texas a DUI arrest would need to be expunged following the successful completion of a pre-trial diversion program. Expungements in Texas DO NOT happen automatically. The person seeking an expungement must actively file a petition for expungement in the appropriate court to obtain a court order to expunge the records. Addressing your DMV question specifically, there may be DMV records that are administrative in nature and NOT eligible for expungement. For example, here in Texas, if a person received an administrative driver's license suspension related to a DUI arrest, but later successfully completed a pre-trial diversion program related to the criminal case, only the criminal records could be expunged, not the administrative DMV records. So, you can see this is not a straight forward issue to address here in the comment section. That's why I recommend consulting with a knowledgeable attorney in California. Good luck and thank you for watching.
I’m on pre trial diversion I’ve been on it for 3 years and it’s for receiving stolen property I have done everything I was supposed to do but I have a court date next month and it is supposed to be the end of my probation but my probation officer wants me to go to rehab and I did but I ran away because I’m not mentally able to be in rehab and I have a doctors note saying the same thing so wil I go to jail on my court date or will it be all over and that’s it?
I have no idea. It depends upon what the PTD contract says.
@@GustitisLaw okay thanks
I have a serious question for you
i may or may not have been caught stealing at Walmart the cop didn't arrest me but said he would issue a warrant for Wednesday and wants john doe to turn himself in by Wednesday they also told john that he to pay for the items and 200 dollars which
he's guessing is for restitution he cannot afford a lawyer but he does have the 307 dollars to pay for everything and this is also his first offence involving anything will he really get jail time and does he need to plead guilt because he cannot afford the court cost or really the lawyer because he doesn't have a job at the moment
A theft conviction can have life-long negative impacts upon a person's life. Theft is a crime of moral turpitude and no business owner is interested in hiring a convicted thief at their place of business. Consequently, I recommend John Doe hire a lawyer . . . the remainder of his productive life may depend on it.
I am facing a simple possession marijuana charge. I am 23 years old, a first-time offender and have never been in any type of legal trouble whatsoever. Is there any information you can give me about requesting a pretrial diversion in Tennessee?
Pre-trial diversion is handled differently in every jurisdiction. Some jurisdictions may offer it while others don't offer any programs at all! The best way to answer your question about programs in Tennessee is to discuss your case with an attorney in the county where your case is pending. Thank you for visiting and for your question.
So I can’t get no tickets of any kind? I’m on PTD for simple battery. I got pulled over when I was doordashing. All I was doing was looking at the gps but the phone was in my hand . Not only that I forgot my wallet at home and it made that two tickets. No license on person and failure to exercise due care . Idk what to do because I was just doing my job and don’t want no jail time because of this! What can I do?
Regrettably, I cannot give you legal advice on the Internet because I don't have access to the evidence and law applicable to your case. Only your defense attorney can evaluate your case based on the facts and law involved. My recommendation is to hire a qualified criminal attorney immediately to help you. In the meantime, say nothing and do nothing until you have your attorney on board. Thank you for your good question.
My husband has been clean almost two years. He got arrested in 2018 for drug possession. His lawyer has offered him diversion. I assume this would be his best option?
I cannot advise a decision like that without a complete review of the evidence and law applicable to the case. I appreciate your question nevertheless.
I recently got a low level felony theft case in brazos county does that qualify for a pre trial diversion there?
The Brazos County DA office does not have a pre-trial diversion program for theft offenders. Currently, only for low level drug cases.
Does “mental health diversion status” mean the defendant already is in a diversion program? Or does it mean the defendant is trying to get accept into a program. I read this phrase from a case transcript
I'm sorry, but I have no idea.
I am a first time offender , i have an aggravated assault with a deadly weapon my lawyer recommends doing a pre-trial diversion as he said it's a high chance be approved my question is because I'm a first-time offender am i likly to be taken in to the program even tho its a felony ?
That depends upon the prosecutor running the program. They have developed standards upon which they decide what cases are pre-trial diversion worthy. Good luck and thanks for your question.
Sir, are there any videos of you in a criminal court setting.
I believe some years ago the local news channel videoed my final argument in a capital murder trial. But I would have no idea how to locate the video. Why do you ask?
@@GustitisLaw I always enjoy listening to lawyers present their arguments. Years ago, when time permitted, I would sit in criminal trials in Liberty county, Georgia. Reading and practicing are different issues. 28 years experience.
If I am finishing my Diversion Program for misdemeanor theft (first time offense), and I successfully completed all the terms, will my case automatically be dismissed in court next month??? I
I have no idea as I do not have the contract to review. The contract will answer your questions.
I already got the pretrial papers but it's asking me to follow like 40 rules who do they think i am when will it end??
Discuss this contract with your defense attorney. There are many benefits to pre-trial diversion, but they make you work for them. DO NOT make a decision about this program without the help of a criminal attorney. Thanks for your question.
@@GustitisLaw yea it's supposed to clean my record when i finish it but idk what it is are they classes??
I can’t tell since I don’t have access to the contract. But I bet they probably are classes and other educational things.
I was charged with
1. BATTERY-FAMILY VIOLENCE MISDEMEANOR
2. SIMPLE BATTERY FAMILY VIOLENCE
3. CRUELTY TO CHILDREN 3RD DEGREE
4. CRIMINAL TRESPASS
Do you think I will get time for these charges i they put me out of PTI today for telling them my living situation I was just asking them to consider me being 20 years old homeless and with 2 kids into consideration moving forward apparently she didn’t like that and told me to contact my public defender what do you think will happen??
Only a defense lawyer familiar with all the facts and circumstances can answer your question. Since I have no idea, it's impossible for me to say. Thanks for your question, nevertheless.
How do I find Iowa Court deceisions on traffic court trials?
You would probably need to access the records of the specific court of interest. But since I don't live in Iowa, I don't know for sure.
How does pre trial diversion work for shoplifting for a class b misdemeanor
The program, if offered by the prosecutor, is a contract where you promise to complete certain conditions and the prosecutor agrees to complete some, as well. I would consult with a local criminal defense attorney to see if pretrial diversion is offered in your jurisdiction. Thanks for your question!
Gustitus law ... councellor, what video next!? I know your busy but can’t wait lol. It was good to hear from you today thx. foley gave me a consult lately. I have to Admit scary shit on me and said that I’m probably gonna spend my life in jail and 5 k For a second opinion if not. Ummm got super appellate lawyer in St. Louie for half that... or appeal for 20 k a fair price I think ..no not Lin... he wouldn’t answer..bless Rittenhouse...But thanks for replying I think you are a prodigy, you kind of remind me of Dustin Hoffman in the movie the Rain Man except your artistic talents is in law obviously. No pun intended we are not worthy in your presence LOL!
Quick question. Are you able to apply for jobs if you have to go through the diversion program?
You can apply for any job you want. However, the arrest leading to the PTD will be accessible to any background check the potential employer completes.
@@GustitisLaw I’m under 18, but have to go through a diversion program to get it off my record
@@GustitisLaw thank you
Looks like my state says assault ( Homicide.CSC, Robbery Stalking and Larceny From a Person) disqualify for diversion program. I didnt stalk rob kill or commit larceny. It says no violent crimes.... I wonder if I still may qualify...I am hoping I still do? I'm so afraid this relationship will be over if I'm convicted :-(
Pre-trial diversion is a program developed by prosecutors. They have the right to determine what types of offenses are eligible and which ones are not.
Second degree gun charge while on pti still have to do jail time even if they have solid evidence or they dismiss the charge of completion of pti?
Your question is confusing. Please rephrase it. In fact, you'll also need to tell me the full terms of the PTD contract.
@@GustitisLaw gun stoppers was called on me saying i had a gun on me supposedly they were watching me with monoculars and they approached me and said my first name and asked if i had a gun on me i said no and still frisked me and found the gun i was arrested went to a court hearing i was put on pti probation can i fight the case or can it be dismmised on pti?
If you got approved for a diversion
but the Arresting officers never read your rights to you.. does that mean they still have a case against you even if they don't read your rights
Police are trained to NOT read rights until they have to. Just because you get arrested does not mean the police must read your rights. Miranda rights are ONLY required when a person is in custody AND the police want to interrogate the person. Otherwise, Miranda rights are irrelevant.
What about mail theft with usps first time offender being charged with felony entered confessed statement on what evidence was brought against them ? My friend took some gift cards and they had a picture of him using the card so he admitted to it in writing a letter to the judge although he wasn’t charged with anything just questioned about it
Your friend must REMAIN ABSOLUTELY SILENT and hire a criminal defense attorney immediately. Everything your friend says can be used against him in court. The defense attorney will be better able to answer your questions. Thanks for visiting my Channel.
My court date for theft
You need to hire a defense lawyer to help you. Most people are ill equipped to effectively negotiate with a trained prosecutor. Regardless of what you think the evidence is, you are also ill equipped to evaluate the admissibility and persuasive value of the evidence.
Can you purchase a firearm after completing pre trial diversion
I don’t know. That’s a matter of federal law.
I successfully completed the pre trail diversion and my case is dissmissed and my citizenship is up next year will this affect my citizenship??
You’ll need to discuss that question with a qualified immigration attorney. They can provide the most accurate answers.
thank you for the public service and all of the information you are providing. I will try and make this as brief as possible. Is there a time limit to be left out in bail? I do not live in texas. I was arrested on dec 18th of 2018 and I am being charged with 400g or more of marijuana edibles in the state of texas. I am being preasured in to taking a pre trial diversion meeting on Dec 9th of 2020 by being told multiple times I have already been indicted and that this is my only date to take the option. the evidence was never lab tested. I asked for a copy of the indictment a few days ago only to be told "actually I apologize you have not been indicted". also being told that if I accepted this offer it is not an admission of guilt. Everything that other videos are saying is that by agreeing to a pre trial diversion you are admitting guilt you are waiving your rights to defend your self in trial. If the evidence has not been lab tested what is the best defense from this point forward? Should I ask for lab results before deciding on a PTD? It is my understanding that the statute of limitations is three years to be prosecuted for drug felonies in texas. When does this apply after indictment? If the substance is tested positive for the weight and purity of the original charge can the District attorney remove the offer of pre trial and pursue a jury trial and maximum sentencing? Thank you again for taking the time to help me with this. I hope I have explained this alright if not I am willing to further clarify.
Frank Lentz
Frank, without having a detailed knowledge of the facts in your case, it's impossible for me to speculate on case results. But pre-trial diversion can be a spectacular opportunity for persons in the right circumstances. In reality, the best person to discuss these questions is your criminal defense attorney. They can explain how pre-trial diversion works in the particular jurisdiction. They can explain the risks and benefits of the the program, as well.
@@GustitisLaw is there a time limit to be indicted while out on bail ?
@@franklentz8508 The statute of limitations is the time limit within one must be indicted.
@@GustitisLaw I have been left out on bail for 2 years. ART. 32.01 says that they have 180 days to file indictment once you are placed on bail. How does this work?
@@franklentz8508 Art. 32.01 allows a court to discharge the person from the bail, not dismiss the charges. A court has no jurisdiction to dismiss a case not yet filed in their court. (see Ex parte Melanie Cathcart, No. 129-99, Texas Court of Criminal Appeals) However, a court may dismiss a prosecution on speedy trial grounds, if the defendant proves the elements of a speedy trial claim.
i was arrested n detained for walking home they claimed i was suicidal but instead of bringing me to a hospital they locked me up in a cell against my will with a matress on the floor no blanket or pillow so i ripped the mattress a lil bit n they want to charge me for 2 matresses now they offered me diversion should i accept ot take it to trial
I have no idea. I have not reviewed any of the facts or evidence. That is necessary before a lawyer may give an opinion.
if I complete all my terms of the diversion program will they make me do a drug test in court at the Dismissal
Random UAs are typical of a pretrial diversion program. I’d refer to the specific terms of your contract to answer your question. In fact, consider asking the person who is supervising your contract to be absolutely sure. Good luck and thank you for the question.
How long to clear
@@amirabnbmousa4087 That depends upon your state law. I am only familiar with Texas law.
@@GustitisLaw thanks
More than likely.if u think or know you will fail,I'd suggest quitting immediately get some written statements from legit sources saying how ur doing things to better yourself and this was just a slip up. Consider telling them before they say they're going to piss test u. I checked in and called whenever I went anywhere and always kept my ppl updated...good on my is in treatment- never had to take one for pretrial. In ur case...yes. id bet on them doing it. I Kno that sucks to hear...but it's real. Good luck
why do most attorneys always give the option that best suits them " plea" deal! If anything I would definitely use this option first, Pretrial Diversion contract with prosecution. To me seems like the best option to start with in a case.
If prosecutors have a program established, you would be right about 90% of the time. But make sure you have evaluated all aspects of the case before deciding any course of action.
A diversion is a conviction as far as federal background checks
Can a pretrial diversion be obtained for an violent crime?
@@jupitercyclops6521 FALSE
@@Nninjarider is what he said not true? I’m asking for myself?
I’ve successfully completed my terms of my pretrial which were to, pay fines and community service, my pretrial was set for 12 months but I have completed half of that term with this month being the 6th, how could I go about having my pretrial ended early? This was my first offense for misdemeanor marijuana and I wasn’t arrested, I was just given a citation I must add.
I don’t know. Pre-trial diversion is typically a contract you enter into with the prosecutor. What does the contract say about early termination?
Hey Steve" why is my name in all capital letters in district court papers. But where there is a actual victim in a higher court the name is not in all capital letters. Thanks. By the way for your information. Also I am currently a defendant fighting a case in a district court. When the officer stopped me, he asked to search me without reasonable suspicion, I said no , so he placed me in handcuffs . but he admitted in court, under oath that he did not probable cause to search me . what is your advice Steve?
It doesn't matter if your name is in capital letters. My advice is to REMAIN SILENT and hire a good defense attorney to help you defend yourself. If the police improperly arrested you or searched you, your lawyer will handle this in the courtroom. Good luck with this important case.
@@GustitisLaw Thanks for getting back to me Steve. I watch your videos all the time.
@@samgreen782 Thanks, Sam!
@@GustitisLaw your awesome about responding to people. My thought is if your amazing about responding, That shows me a lot about you as the real deal. I wish I could afford you. I would love to tell you about how I was harassed by the cops and strong armed.
@@samgreen782 I appreciate your kind words. I wish the best in your life endeavors.
participate in a green card program like eb3? or will my record be tarnished?
I was arrested but she dropped the charges so I was on a pretrial diversion. It says the agreement will expire after one year in Indiana do it still show up on my record?
Probably yes, until the records are expunged. Talk to a qualified defense lawyer in Indiana about the expungement laws. Good question!
How long do they have to indict you on a drug possession charge
Within the statute of limitations.
Mr i am a first time offender i was pulled over for fake plates and then had my vehicle searched beacuse of mj smell i also had two thc pens the officer asked me if i knew they were illegal when i bought and i said yes beacause i was scared and just wanted to be honest my attorney says i may qualify for this program my question is if i dont qualify will i for sure do time in prison im 18 years old and i wanted to go to the military but now im really stressed out he charged me with 3rd degree felony and a class b misdemeanor
Take your attorney's advice. They know better than me how to advise you. Good luck.
i was charged with 4th degree child abuse 2019. i was on diversion completed all requirements received dismissal. shows on my background check how can i remove this from my background.
It needs to be expunged. Talk to a defense lawyer about whether that's possible.
Hello Gustitis, recently at work I was caught scanning cheaper items for other items which overtime added up to 200-222 dollars (security lady was adding random numbers, I'm not sure if it's 100% correct) I was very honest with the secuirty lady and told her I never thought it'd lead to property damage and never had the attention to steal anything but their policy is it's theft either way. They decided bring this to court even though they told me I have to pay back restitution which I agreed and didn't argue with. Should I say pretrial diversion? I have a clean slate and never ever stole anything or had any criminal records. I made a stupid mistake thinking it was okay to do that :( Please let me know!
Also, first punishment was firing me and then charging the restitution. Furthermore, they want to bring me to court. It's a very stressful time for me.
Since I haven’t investigated the facts, my advice would be pure speculation. Ask your lawyer this important question. They will know the facts and can put this offer into perspective for you. I wish you luck.
@@GustitisLaw Thank you so much for responding. I appreciate it!
@@raysue5820 You are very welcome.
For less than 300dollhairs,wtf
I have received a pretrial diversion Offer. Is this set in stone or can the terms be re worked ?
Please see my answer to your previous question. Thanks.
Im waiting for PTD
Im nervous because I had never been arrested before!
Your defense attorney can probably answer any questions you have about PTD.
So ppl with the pretrial diversion don't have to talk to the judge?
Talking to the judge is different from entering a guilty plea on the record before the judge.
If the prosecutor offers a PTD program to the defendant , does that mean , the prosecutor doesn't have a strong case?
It might, but not necessarily. That’s why the case should be independently investigated before any decisions are made.
How likely are the random urines ? I’m going through the same process for the first time and I’ve been smoking weed for years
Probably monthly. If you continue to use, you will certainly get caught and violate your contract.
I got arrested for possession of THC and was charged a felony for it. I’m doing the program now and I’m currently doing the random drug testing and community service every month. I’ve paid all of my fees but I just wanna make sure once I complete the program this will not only be off my record but that I will also not have continue to test or do community service.
I don't know whether it will be "off your record." That may be a matter of the contract you signed for PTD and the expunction laws of your state. Did you discuss these questions with your defense attorney at the time?
Thats not a felony
@@GustitisLaw I was told that it would be off of my record. I just didn’t know if I would continue having to drug test and do community service even after the fact.
@@michaelrobinson2319 It is in Georgia
I found that out the hard way
I was changed for petty theft ( stole 60 dollars worth of groceries from Walmart not on purpose) I've never had any criminal record or done anything wrong. Will I qualify for pre trial diversion??
That depends upon whether the prosecutor's office has an established pretrial diversion program. The best person to ask is your criminal defense attorney. They will know the court system and whether the prosecutors have such a program. Good luck.
I have a question so i got arrested for 647 b but before that i was arrested on a pc 211 my case got dismissed will i still ve eligible for a pre trial divserion
I have no idea. I don't know what "647b" is and I don't know what "pc211" is. Ask a local attorney about this.
@@GustitisLaw how don't you know and you are a attorney
What are the most common charges that result in pre trial diversion ?
Since the prosecutors decide what charges qualify, it's difficult to speculate about the most "common charges." I know prosecutor offices that offer pre-trial diversion for most charges, and others that limit charges to just a few.
I have been wit 1 degree child endangerment death of my daughter even tho I was around but my legal firearm was use never been n trouble wit law before is it possible I can get probation I have pretrail coming up
Only your hired defense attorney can answer that question. They will review the law and evidence and advise you on the options. They will also know how the prosecutors, judges, and juries respond to these kinds of cases in your community. Thanks for visiting.
Does the pre trial intervention èxist in federal minimum mandatory drug caes
I have no idea. You'll need to investigate the prosecutor's policy in that court.
I did that in juvenile court when I was charged with armed robbery and assault. They let me out of juvie and I had to take anger management, drug abuse, and behavioral therapy, take random drug tests, stay away from the victim, and do well in school . I only had to do 3 months on that😂. But I caught other cases after I finished that so they put me ina program that’s a alternative to being in juvie. I’m also facing a case in adult court (I’m 16) for assault 1st degree but I’m confident they will drop the charges
Thanks for commenting. Good luck!
@@GustitisLaw that’s why I fw you Gustitis
so when you do the program, you do the courses.. then case gets dismissed?
Dmn you’re wild. I hope you’re not in jail and stay out of trouble cz
i was charged with shoplifting but I completed a diversion program and i was never arrested, will this show up in background checks?
I don’t know. Please check with defense lawyer who represented you. They are the best person to answer your questions. Thanks.
I think I like the comments on the contraction I'm thinking about taking Law School online
I didn't know you could get a law degree online.