New Here- Pre- Trial Diversion Question

[JAguirre]

Hello Everyone,

I've been lurking for a while, and finally decided to register because I have a question and need the forum's input.

I was arrested in 2007 and charged with DUI. I refused to take any tests, and I defended myself in the Administrative License Revocation hearing, and I won. Even though I refused the test, the DPS judge did not feel that there was just cause to pull me over nor ask for a breath sample.

I also represented myself in county court and the prosecuting Assistant DA agreed that there wasn't much of a case against me. I asked to have the charges dismissed and the court offered pre-trial diversion with an order of dismissal after one year of probation/community supervision. I have requested the disposition and all court documents pertaining to my case, but the county clerk that I spoke to told me that charges were dismissed after I completed the probation.

I have spoken to two different CHL licensing tecs and one did not know what pre-trial diversion is and the other told me that I would be eligible for a CHL because pre-trial diversion is not deferred adjudication. I am taking the CHL class on Saturday, and I don't want to waste money if I'm not eligible for the license.

Does anyone have any experience with pre-trial diversion and a CHL?

Thank you all in advance.

[Skiprr]

A real attorney will come along soon, but IMHO you should be just fine. I would, however, want a letter from the county clerk stating that all charges were dismissed.

A pre-trial diversion is really a program designed for "intervention" that is administered by a department, municipality, county, or a combination that allows supervision (and possible testing for controlled substances) without conviction or deferred adjudication. What that really means is that how--or even if--such a program is operated is up to the local/county entity involved. It's only sparsely addressed in GC §76.011, and "pretrial services" like that don't even have to be offered by the county (etc.); it's an optional thing.

It is in no way the same as deferred adjudication or deferred prosecution. My understanding is that it is, essentially, a deal reached between the prosecutor and defendant that, if certain conditions are met during a period that cannot exceed two years, the case will be dismissed.

But the arrest does have to be reported on your application, so if it were me I would want to obtain that letter from the county clerk. I don't think (again, just opinion) that your application will be in danger of being denied, but without the letter describing disposition you may encounter a delay.

Welcome to the Forum!

[JAguirre]

Thanks for the welcome. I've got the disposition and letter from the clerk on the way.

I'm sure that someone in here has had a similiar situation.....please chime in!

[T.A.R.]

I to have the same problem. I was arrested in 2004 for two very serious charges. I'm a good person, have always done the right thing, I always was very mature around my family and friends. I was in the wrong place at the wrong time WITH THE WRONG PEOPLE, When I was 18 and still in high school. I was arrested for felony aggravated assult, and fellony contributing to a minor. I was only a couple of months older then the people I was with. Let's just say I did not assault anybody! I just was with the wrong people. Everyone has done stupid things when they were young. My stupid mistake was hanging around these people.
Anyway since this was my first (and only) offence, I did pre-trial intervention. The charges were dismissed. I emailed TX DPS chl department and told them my story in detail. They told me I would be fine as long as I had the final disposition paper work with my app I would send in. I think you will be ok as well. Let me know if it works out for you.

[lillokito]

So what happen did you get your chl already?????