Pre Trial Intervention Arrested Again Just Prior to Expungement
What is a Pretrial Intervention Plan?
Pretrial intervention is a blazon of deferred arbitrament available in numerous Texas counties, including Harris County. It requires the offender to complete a ane-year program in guild to have his or her criminal case dismissed. The terms of the program take identify while the offender's case is nevertheless awaiting in court.
Pretrial intervention is dissimilar from probation in several means. Showtime, probation is a type of judgement given past a gauge to an offender afterward his or her instance goes before the court and is decided. A sentence of probation will appear on the offender's criminal record despite him or her never having served any time in jail.
Alternatively, a pretrial intervention allows the person to avert having a criminal judgement appear on his or her record. It volition not remove the arrest, however. To remove the arrest for the crime with he or she has been charged, the offender will accept to petition the state for an expungement.
Have you been arrested for DWI? Contact attorney Brett Podolsky to assist you apply for pretrial intervention »
Pretrial Intervention Overview
People who are eligible for the pretrial intervention plan in Harris Canton have to follow a precise process to be admitted. The process begins with offenders kickoff being assessed past the district attorney. One time the DA approves them for the program, they then must be approved by the judges assigned to their cases.
If the judge approves you for the Harris County pretrial intervention program, you and your attorney must and then complete the official application for it. The application asks for details like:
- Your total legal name and address
- Events leading up to your arrest
- Specifics of your crime and arrest
- Why the pretrial intervention program is the all-time choice for you
If your awarding is accepted, you lot will be required to sign a waiver stating that if you fail to meet the requirements of the plan that your contract volition be voided. Y'all also requite permission for statements on your application to exist used against yous in a trial.
Y'all so will exist required to consummate the specific demands of the program. These requirements include:
- Completing 16 hours of community service
- Meeting with your probation supervisor once a month
- Having an booze monitoring device installed on your machine
- Completing nine hours of drug and booze teaching courses
- Submitting to random drug and booze tests
During the time yous are completing the Harris County pretrial intervention program, you cannot break any laws or exist arrested once again. You also cannot refuse to take a breathalyzer test.
Once y'all consummate the programme, the court will dismiss your criminal example. You can and so pursue an expungement of your abort from your criminal record.
Eligibility for the Harris County Pretrial Intervention Plan
Deferred arbitrament programs in Texas are available to a select number of offenders. To exist eligible for most types of deferred arbitrament, people generally accept to be first-time offenders. They also have to be charged with Form B or lower offenses like:
- Misdemeanor criminal trespassing or burglary
- Nuisance crimes
- Marijuana possession
- Shoplifting
All the same, the pretrial intervention programme in Harris County is reserved solely for people who are start-time DWI offenders. To be eligible for the plan, they must have:
- No prior criminal record
- A current driver's license
- Updated car insurance
- A blood examination or breathalyzer-verified claret alcohol content of 0.15 or lower
They also cannot have been in a DWI-related automobile blow that resulted in injuries or decease.
If you run across these qualifications and want to avert having a criminal sentence on your tape, yous may desire to pursue the pretrial intervention plan. Yous should understand, withal, that the plan is not a right only rather a privilege. You can ask the court to permit y'all to accept part in it by hiring a lawyer and submitting an official petition to the judge.
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Why Hire a Lawyer
If you want to ask the court to take part in the Harris County pretrial intervention program, you may find information technology best to hire a lawyer to assist you lot. Your chaser can help yous make an official asking and evidence to the court that you meet the criteria for the program. He or she will also know what documents to provide to the court to testify you are a first-fourth dimension offender and accept no prior criminal record.
Having an experienced criminal defense force lawyer on retainer can also be invaluable if you lot want to petition the country for an expungement of your criminal record. Completing the pretrial intervention program will not result in your arrest being removed from the record. A approximate must agree to expunge and remove the abort and get in undetectable by people like potential employers, schools, and lending institutions.
Rather than file an application for the pretrial intervention program or an expungement of your record on your own, you tin become the legal help you demand by hiring an experienced chaser. The process for both may be easier to complete. Information technology likewise may have less time than if you were to pursue information technology past yourself.
As a get-go-time DWI offender, you lot may not necessarily deserve going to jail and paying steep fines to the court. Yous may pay your debt to society and reform your life more by taking function in a blazon of deferred adjudication.
When yous accept been arrested for DWI in Harris County, you lot can enquire the courtroom to allow you to participate in the county's pretrial intervention program. A skilled lawyer can help you brand the official asking and prove your eligibility for information technology.
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Source: https://brettpodolsky.com/dwidui/harris-county-pretrial-intervention-program
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