I have no priors, am an undergrad about to graduate, and in the mental health docket. I was given the option of pretrial diversion, which to my understanding is new in the county. I was arrested in December for Xanax misuse. However, I have shown many changes, and it was the county attorney who recommended it, not the prosecutor. On the 22nd of May, I meet with a counselor who will determine my eligibility. However, my questions are as follows:
1. Do I self-incriminate on information they do not know? Ie. my blood results have not come back
2. How long does one have to stay in the program? Is it a year, 6 months, etc?
3. After this, how long before I can have it expunged from my record? I understand two years per Texas Penal Code but know it differs by county.
I was on the mental health docket, was a volunteer for MADD in fall and intern in the Spring, and am an undergrad graduating in May but staying for another year in undergrad to get this sorted out. I wish to pursue counseling, which requires practicum/internship, so once dismissed I am okay as a volunteer or intern after 1 year, but jobs would take expungement. Which is why I ask, in a general sense, what is the longevity of pre-trial diversion? I know each is different but any guestimate? I was also prescribed Xanax though I switched to a different benzo that is less addictive to show the court my willingness. Will NEVER happen again. Life lesson learned, bittersweet. Save
Steven is right, you should contact a local Bell County-located attorney and not one that practices around the state. The rules can be substantively different across county lines.
Best of luck
Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... moreStatements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue. less
I agree with Mr. Green. Each county's diversion program is different. Since this is a new program, the rules may not be clear to a lot of people. I would contact a local attorney who has knowledge of the county's diversion program rules.