PTD Criminal Case

Asked over 1 year ago - Houston, TX

The DA offered to PTD on a misdemeanor C charge for interference with public duties. He told me all I need to do is complete a packet: letter to DA; proof I am in school; proof of employment; and recommendation letter. I was told if I do this the charge will not appear on my record. Is this true? Is this all I have to do?

Attorney answers (5)

  1. M Elizabeth Foley

    Contributor Level 18

    7

    Lawyers agree

    Answered . For starters, that's not a Class C offense, it's a Class B, which is more serious and works differently as far as the disposition options go. And as to the pretrial diversion aspect of things, that's not quite right either. I think that may have been intended to be all you needed to do to QUALIFY for pretrial diversion, but not all you needed to do after you got it, so you might want to clear that up. It's not true that the charge won't appear on your record, either. The charge is presumably on your record now will very definitely continue to be there unless and until you get it expunged. If you do the pretrial diversion, you wil be agreeing not to seek an expunction until two years after you complete it and get the case dismissed. So at a minimum, for the time you're on PTD and two years after, it will show up that you were arrested. If you then want to file an expunction, you'll be entitled to it, but that's a step that you will be personally responsible for taking or not taking--expunctions don't happen automatically, and you will have to pay to get one (probably at least $1000, and you can't get a court-appointed attorney).

    All that said, if the PTD is something you're capable of getting through and the State does actually have sufficient admissible evidence to convict you, it may well be your best option. Without having an attorney, though, it's hard to get an idea of whether that's all true in your specific case or not. Good luck.

  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Interference with Public Duties is not a Class C offense. You should not be representing yourself in this matter. Even if the State dismisses the case, it will continue to appear on your record. I would not assume anything the DA is offering is in your best interest. You need an experienced defense attorney handling this for you.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Marjorie Ann Muniz

    Contributor Level 11

    2

    Lawyers agree

    Answered . I agree with the other attorney's opinions. The only other advice I would offer is to be aware that the DA will require that you admit tot the elements of the offense. So in the future if you fail to complete the conditions of your PTD, they have your signed conffession when the case lands back on the docket. It is a beneficial program for first offenders if you feel that they can prove the case against you, Always consult with a lawyer.

  4. Martin Ben Zimmerman

    Contributor Level 11

    1

    Lawyer agrees

    Answered . These requirements sound about correct for either a deferred disposition probation or pre-trial diversion for a Class C misdemeanor. So without more, I would say yes. However I believe your real concern is what if anything you need to do AFTER you have jumped through all of these hoops to make certain this whole ugly episode never rear it head again.

    If that is the case, first you must successfully complete the term of the program (probably 6 months) and be discharged. After both of those two events have occurred, you will need to hire a local attorney to file an expunction lawsuit to permanently seal the records. Only after your expunction attorney has provided you with all of the signed papers to show that the matter has been sealed do you get some assurances that the matter is truly dead and buried.

    Good luck,
    Martin Zimmerman

    Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-... more
  5. David Daniel White

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You will be statutorily eligible for expunction upon completion of the PTD and at the end of the statute of limitations. Be wary of representing yourself, however.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

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