What Are the Pre-Trial Diversion Conditions in Kaufman County?

Pre-trial diversion is different from probation, but it does include some of the same conditions. Pre-trial diversion (PTD) is a way to get your case dismissed without pleading guilty and without being placed on community supervision (probation). If you finish PTD you can apply for an expunction, which is why most people accept PTD. Different counties vary in the requirements of a pre-trial diversion, the following is a list of the requirements that must be completed in Kaufman County:

  • The length of the pre-trial diversion is dependent upon the plea agreement that is made with the prosecutor of your case, usually 12 or 24 months.
  • With every pre-trial diversion, a fee is required that is to be paid the day you sign and accept the offer, this fee will vary. For example $250 for a Class A Misdemeanor or $350 for a Second Degree Felony.
  • During the term of the pre trial diversion, the person cannot commit any offense in Texas or any other State, but this does not include traffic tickets.
  • It is mandatory that you do not use drugs nor socialize with people or places where drugs are present. You also cannot be around any person who has been previously convicted of a crime.
  • You will be required to report to your supervision officer at least once a month, the location of the your officer will be according to what county you are located in.
  • The supervision officer also has the liberty to visit you at your home, place of employment, or anywhere else.
  • You must notify your officer immediately if you plan to make any changes in your employment or place of residence and you must seek the officer’s approval before doing so.
  • It is also required that you maintain employment to the best of your ability, subject to justifiable reasons such as being a student, disabled, etc.
  • You will also be required to notify your supervision officer if you plan to leave the county of your residence. Most of the time it will not be an issue so long as you notify the officer before hand.
  • If you owe any prior child support, you will be ordered to continue to pay it as part of the pre trial diversion process.
  • The supervising officer is also able to require you to submit to any alcohol or drug testing at any time or frequency that he or she may decide. You will also be required to pay for the fees for this testing.
  • You will be required to fulfill a certain number of hours of community service; the number of hours will also be according to the offer made with the prosecutor.
  • Along with the initial fee with pre-trial diversion, you will also be required to pay a monthly fee of $60 during the entire term of the supervision.
  • Within 30 days of starting your pre-trial diversion you must show that you have finished the 6th grade, if not, you will be required to take a program through the department.
  • Your officer will evaluate you by having you submit an alcohol and/or drug evaluation. From that evaluation, the officer may recommend that you participate in a program or see a counselor, which you will also have to pay the costs for.
  • You will be required to take an alcohol and or drug test at times determined by your officer, and will have to pay a $15.00 urine analysis testing fee when required to do so.
  • If the offense is drug related, the pre trial diversion process will also require you to complete a Drug Offender Education Program at the direction of the community supervision department.
  • Depending upon the offense, there may be other terms listed with your pre trial diversion, such as not coming into contact with an alleged victim, etc.
  • Once you have completed the terms of your pre trial diversion the State will file a Motion to Dismiss with prejudice, meaning that the State cannot re-file that case again against you.
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