July 11, 2016

Asked 7/8/2016 – Sinton, TX

I was set for 1 year on Pretrial diversion (for a misdemeanor Marijuana Possession charge) in November 2015 & it ends November 2016.
I’ve had no violations, completed all my drug classes & community service. I plan to finish my remaining balance when I report in person for July to be completely finished.

After my report for this month, what’re legal steps I could start or lawyers that can do early termination of Pretrial diversion?

Answer

There is no statutory provision for the early termination of pretrial diversion. These programs are basically contacts between the State of Texas and persons charged with criminal offenses. The contractual agreement is for the State not to prosecute and dismiss criminal charges if the person complies with the terms of the diversion program. Part of the agreement is to stay out of trouble for the duration of the term listed in the contract. You are asking to change the terms of the deal. You can talk with your attorney, but I’m not sure if what you are asking for can be done.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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