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.
Criminal Defense Attorney
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.
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
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