What Is Pre-Trial Diversion in Texas?
If you’ve been charged with a crime in Texas and you’re a first-time offender, there may be a way to avoid a conviction and even have your case dismissed — it’s called pre-trial diversion.
Here’s what you need to know and how Law Wizard PLLC can help you take advantage of it.
What Is Pre-Trial Diversion?
Pre-trial diversion is a rehabilitation-based alternative to prosecution. Instead of going through the traditional criminal process, eligible individuals are offered a second chance. If you complete the program successfully, the charges may be dismissed, and you can often apply for an expunction to clear your record.
It’s like hitting pause on your case, with the chance to walk away clean if you follow the rules.
Who Qualifies for Pre-Trial Diversion in Texas?
Eligibility varies by county and prosecutor’s office, but generally, you must:
- Have no prior convictions (and often no prior arrests)
- Be charged with a non-violent offense (e.g., theft, marijuana possession, or minor assault)
- Accept responsibility (not necessarily plead guilty)
- Be willing to follow court-ordered conditions
In Bexar County, pre-trial diversion is available through the District Attorney’s office for certain misdemeanors and low-level felonies.
Pro tip: These programs are by application only, and having a criminal defense attorney significantly increases your chances of acceptance.
What Does the Program Require?
Pre-trial diversion is not a free pass. You’ll be expected to:
- Stay out of legal trouble
- Report to a supervising officer
- Possibly complete community service, counseling, drug testing, or classes
- Pay program fees
The program typically lasts 6 to 12 months, and requirements depend on the charge and your background.
What Happens If You Don’t Complete It?
If you fail the program, your case will be returned to the court and proceed as a normal prosecution — you’ll face the same charges and potential penalties as before.
That’s why having legal guidance throughout the process is critical. At Law Wizard PLLC, we don’t just get you into the program — we help you finish strong.
Can My Record Be Expunged After Pre-Trial Diversion?
Yes — in many cases, once your charges are dismissed through pre-trial diversion, you may be eligible for an expunction (a legal process that erases the charge from your record completely).
We can help you file for expunction as soon as you’re eligible, giving you a truly fresh start.
Is Pre-Trial Diversion Right for You?
Every case is different. Pre-trial diversion is a powerful option, but not always the best fit. Sometimes, fighting the charge or negotiating a better outcome is a smarter move.
At Law Wizard PLLC, we’ll review your case, explain your options, and fight for the result that protects your freedom and your future.
Take the First Step with Law Wizard PLLC
If you’re facing charges in Bexar County or anywhere in Texas, don’t gamble with your future. Whether it’s pre-trial diversion or another strategy, we’ll work to keep your record clean and protect your rights.
Contact Law Wizard PLLC today for a free consultation and get the legal help you deserve.