Pretrial diversion letter of recommendation sample

Pretrial diversion letter of recommendation sample


  • Houston DWI Pre-Trial Intervention (DWI PTI) Attorney
  • Restoration of Rights Project
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  • How to Write a Recommendation Letter for Pre-Trial Diversion (PTD) in Collin County
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  • Pretrial Diversion
  • Houston DWI Pre-Trial Intervention (DWI PTI) Attorney

    April 28, 2 A pre-trial diversion is a special program that allows someone to get a reset that is 1 year long. During that time the defendant completes a program that results in the charges being dismissed. The program typically entails random drug tests, classes, community service, reporting once a month, paying monthly fees and staying drug and alcohol free.

    A pre-trial diversion is a special program that allows someone to get a reset that is 1 year long. Today in Harris County I was attempting to apply for a pre-trial diversion for my client who was charged with a Class B Misdemeanor. In the past, the program has been different court to court and judge to judge. He informed me that all courts are now going to be using these requirements, and that it will be standardized among all misdemeanor courts.

    The new requirements are that the packet must be submitted within 60 days of the first appearance of the Defense Counsel. And also that the packet must be submitted 7 days prior to the next setting. Other requirements are as follows: Defendant has never been previously arrested or a party to a criminal proceeding Defendant will reside in Harris County, TX for the entire one-year of the Pre-Trial Diversion Defendant is a US Citizen or lawful resident Defendant submits a Pre-Trial Diversion application containing: Letter stating why the defendant deserves a pre-trial diversion as opposed to deferred adjudication Written confession and apology Drug test results if a drug case School transcripts if a student Employment verification pay stubs At least two letters of recommendation from NON-FAMILY MEMBERS stating awareness of the criminal charge and continued support Evidence of treatment or community service as appropriate Any exceptions to this are at the discretion of the chief prosecutor in the court that is handling the case.

    This is basically the same that has been required in most courts, however, there have been a few courts that require different things. This could potentially be a good thing if all the courts, prosecutors and judges are on the same page.

    There is no indication of what types of cases or age groups are eligible. This is more than likely still going to be decided on a court by court basis. If you have any specific questions regarding the program, or if you are eligible, please feel free to call our office at for a free consultation.

    Restoration of Rights Project

    Starting a pretrial intervention program Jay Johannes Assistant County and District Attorney in Colorado County How one program works in Colorado County Once the initial charging decision is reached in a case, a prosecutor is concerned with the appropriate resolution. Cases in the first category are often the most difficult for prosecutors to resolve.

    Pretrial intervention is a form of supervision appropriate for some first offenders. It gives defendants a way to atone for their transgressions without many of the lingering effects of a deferred adjudication or conviction. Therefore, prosecutors should consider having a sound, well-thought-out pretrial intervention program in their arsenal.

    Sample forms for many programs discussed in this article are available online at www. Click on the Newsletter Archive button, and scroll down to the November-December issue stories. Eligibility A well-designed program has clearly defined eligibility parameters. Failure to establish these parameters leads to inconsistent application, cries of favoritism, and the tendency for every defendant to seek pretrial intervention.

    Once the defense bar becomes familiar with your policy, most will restrict their requests to cases eligible under your program guidelines. First, determine which classes of cases are eligible, depending upon your prosecutorial philosophy and the prevailing attitude in your jurisdiction.

    Some offices limit pretrial intervention to non-violent misdemeanors. Other jurisdictions may include state jail felonies. The only restrictions regarding eligibility for pretrial intervention are those defined by your office. Once the eligible types of offenses are established, the eligible offenses within those classes must be defined.

    The simplest programs may limit participation to defendants charged with non-violent offenses. Larger counties may have multiple special programs tailored to respond to specific offenses e. In addition to the offenses eligible for pretrial intervention, a good policy will define the criteria an offender must meet to be eligible for the program.

    Typically, participation in pretrial intervention programs is limited to first offenders. Additional restrictions may include current enrollment in high school or college or defendants who would otherwise face loss of a job or professional license. It is structured that way to eliminate impediments to their acceptance into college or graduate school or professional licensure.

    Application procedure In most jurisdictions, court days do not leave much time for cool reflection. Regardless of who initiates the process, an application packet should contain, at a minimum, the following: a resume, school transcripts, character letters, and a sworn application. The application itself should be sworn to enable prosecution for perjury if it occurs. The application should inquire about prior juvenile and adult arrests regardless of outcome and prior placement in city or county jails.

    Additionally, the application should require the defendant to write his version of the offense to make sure he is accepting responsibility for his conduct. Another equally important component of the application process is a personal interview with the defendant.

    The defendant should be informed that the interview is off-the-record and mandatory. Failure to submit to the interview without defense lawyer interruption or interference results in program ineligibility. Does the defendant appear contrite and comprehend that he has jeopardized his future?

    The pretrial agreement The pretrial intervention agreement should be detailed enough to document that the defendant understands his obligations. To participate in the program, the defendant should agree to the following: to serve a specific term of supervision, enter a plea of guilty or nolo contendre at a revocation, and to not receive credit for any fees paid or community service performed in the event of a revocation.

    Moreover, the agreement should require the defendant to sign a plea memorandum under oath admitting the offense and waiving his right to a speedy trial and to a jury trial. Pretrial intervention rules Once placed into the pretrial intervention program, the local community supervision and corrections department will supervise the defendant.

    However, special cases may require a unique set of rules. Preferably, special rules will be tailored to the crime committed, such as offense-specific classes, periodic urine analysis, or community service restitution tailored to the offense. Strict curfew is a good rule to impose to keep the defendant from being out at all hours and getting in more trouble.

    For example: Curfew. Be at your residence by p. The maximum term of a pretrial intervention is two years. Once it is determined that the defendant successfully completed the pretrial intervention, the prosecutor should file a motion to dismiss the case. Alternatively, in a procedure used in Tarrant County, the defendant enters a formal guilty plea, and the judge recesses the hearing for one year.

    If the defendant successfully completes the program, the hearing is reconvened, the defendant withdraws his plea, and the case is dismissed. Fees The agreement should detail the fees that the defendant must pay. These fees, too, must be deposited in the county treasury for the benefit of the community supervision department. The fee must be deposited in a special fund and used solely to administer the pretrial intervention program.

    It may be expended only as part of a budget approved by commissioners court. A pre-determined policy on dealing with revocations can help avoid confusion and uncertainty regarding the proper response when such a situation presents itself. The revocation standard can range from zero tolerance for violations to a sanctions ladder that escalates with the severity of the infraction.

    Seldom would revocation be sought for Class C offenses, for instance. Consistency is the key to a well-oiled program. The best practice is to work with the same probation officers to handle the pretrial intervention caseload. They will be familiar with the revocation standards and can implement the policy uniformly. Some prosecutors require a candidate to waive his ability to seek an expunction, but doing so may significantly reduce the value of a pretrial intervention.

    The best policy may be a compromise that requires a defendant to wait a predetermined amount of time before seeking an expunction. Regardless of which type is appropriate, a sound program provides prosecutors with a tool to address crimes committed by otherwise good citizens and leaves offenders with the opportunity to move forward as productive members of their community. Endnotes 1 Tex. For clarity the Agreement and Rules have been discussed in separate sections in this paper.

    Code Crim. Safety v. Katopodis, S. Solis, Tex. Safety, No.

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    Highly recommended without reservation. Kalabus, I would like to express my heartfelt gratitude to you for all the care and concern you have shown me, and for working tirelessly to ensure that the law worked in our favor. Thanks once again for your legal advice, time, efforts, and abundance of patience. I will not hesitate to recommend your firm to anyone in need of a sound lawyer.

    I have referred a number of friends and colleagues to Mr. Rosenthal and everyone has been thankful that their interests were so protected. Terrific law firm with good people. Justin reassured me everyday he was working on my sons case the unknown complicated part we were not expecting and he would go and talk to my son.

    Thank you Justin for putting up with me ,, I am sure you know who "me " is as I panicked and all the late night calls and text you never ever ignored!!

    How to Write a Recommendation Letter for Pre-Trial Diversion (PTD) in Collin County

    My son is so thankful for you as well!!! This is the team you want in your foxhole when it comes to criminal defense. Bo kept me informed each and every step of the way. He was very helpful in getting my court dates moved to accommodate my busy work schedule. He always made himself available to take my calls and this was very helpful with my busy work schedule.

    He explained everything perfectly from our first meeting throughout the entire process. I would recommend your firm and Bo to anyone he needs your service. Thank you so very much. Have a question? He will gladly answer it. He is a shark in the courtroom!!!

    Thanks Jeremy! It amazes me how smart he is. He was very hands on. He kept me informed of everything at all times. He did not promise anything he could not deliver. I would recommend him for any case.

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    His staff was excellent. Always on time. If I had a question and there was no answer at the time, someone would contact me within 24 hours with an answer. Thank you dearly for your time and effort on my case. You are a great and very professional attorney.

    Pretrial Diversion

    I will recommend you to anyone that I hear of that needs help. Bo did everything he could to bring us to a favorable conclusion. Charges involving Title 18 Chapter 31 of Crimes Code sexual offenses. Possession with Intent to Deliver, Delivery, or Manufacture of controlled substances and non-controlled substances marijuana of grams or less will be considered.

    Possession of a controlled substance where the District Attorney determines that intensive treatment is needed. These include but are not limited to; protection of society, amenability to treatment and violation of the public trust.

    Restitution in excess of that amount must be paid at the placement hearing. Repeated Conduct: Prior repeated conduct of a similar nature to the current offense may cause exclusion from ARD. Victim s Opinion: Victim s will be contacted and their opinion considered as per 18 P. If the Affiant in the case would like to provide an opinion they can do so by emailing Kaitlin Stiles at KMStiles yorkcountypa. The District Attorney reserves the right to reject for situations deemed otherwise inappropriate.

    Reasons for rejection will be stated on the rejection notice. Reconsideration requests should address the reasons a defendant was rejected from ARD. Any other xnview vs xnviewmp are valuable in the reconsideration process but must be submitted with the initial application.

    Any late reconsideration requests will be automatically rejected. Questions about ARD applications can be directed to extension ARD Supervision Once a defendant is placed on the ARD program they are directed to comply with general conditions and special conditions. ARD participants will sign an acknowledgment form at ARD placement and must abide by the general conditions.

    Failure to abide by the general conditions will result in a violation being submitted to the Court with a recommendation to remove the defendant from the ARD program. Special conditions include, but are not limited to; drug and alcohol evaluation and any recommended treatment, mental health evaluation and any recommended treatment, anger management classes, no contact order with any victims and an apology letter to the victims. Participants who refuse to accept the special conditions will be rejected from ARD.

    Failure to abide by the special conditions will result in a violation being submitted to the Court with a recommendation to remove the defendant from the ARD program. As noted, the answers in the application could be used against you in some instances.

    If you are kicked out of the program, for example, it is possible that you will wish to go to trial in order to keep a conviction off your record. If I am not admitted into the program, is there a way to appeal the decision? When you enter the program, you will be given a date to come back to court one year after you begin the program.

    If you finish the program successfully, your case will be dismissed when you come back to court, on the one year anniversary. Once your case is dismissed, you will be eligible to have your records expunged which is the best result in a criminal case as all records of your arrest are literally destroyed and you may deny the existence of the arrest.

    If you are arrested for DWI, attorney Jose Ceja is an excellent choice and can discuss your options with you at no cost. Contact us today for a free consultation regarding your DWI case.


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