We have been able to obtain pre-trial diversion for a number of Baylor Students who went out and did stupid things. Pre-trial diversion in McLennan County is actually called pre-trial intervention, and its similar to probation in that there are a number of conditions and requirements that must be completed.

Unlike probation though, there is no formal supervision, and there is no court case. Instead, the actual charge is dismissed. Not every Baylor student who gets into trouble gets into this program and ends up with their case being dismissed. Each case is different and must be presented properly. Fortunately, it is an option, which allows our student defense attorney the ability to help young people avoid ruining their future over one stupid decision.

Pre-trial Diversion For Students Arrested For DWIBaylor student defense attorney in Waco

Let’s face the facts – almost every college student everywhere experiments with alcohol. Maybe it started in High School, or maybe it’s something you try once you are out on your own. Even though the legal drinking age is 21, underage students can get alcohol. Most of the time it’s not a problem or an issue, but it can be when you get in the car after drinking. Normally you would know that’s a bad idea, but after a few drinks, your decision-making ability is not the best and a DWI is definitely possible.

Fortunately, most prosecutors who handle DWI cases are fairly young, and they were in your shoes not long that ago. Pre-trial diversion can be an option in some situations. Generally, it is only available if you’ve never been in trouble before, and the case is not an aggravated one, which means you weren’t in an accident or had a really high blood alcohol reading. If accepted into the program you are going to have to do a number of things, which includes alcohol awareness classes and community service. In some cases, some type of counseling – or at least evaluation – may be required. The terms of the program are tailored to the specific facts of each individual and each offense.

Pre-trial Diversion For Baylor Students Arrested For Drug Possession in Waco

Something else students experiment with is drugs, the most common one being marijuana. While the trend is toward increasing acceptance of marijuana use, it’s still against the law in Texas to have any usable amount. Possession of small amounts is a misdemeanor, and pre-trial diversion is an option. You will be required to complete some type of drug education class, and do some community service, along with whatever terms the committee feels are appropriate. It’s important to recognize that the possession of anything other than marijuana is a felony. That means you are not going to be eligible for pre-trial diversion. So you’re out of luck if you’re caught with even small amounts of drugs like cocaine, ecstasy or methamphetamine.

Pre-trial Diversion For Theft Charges Against Baylor Students

It never ceases to amaze me the number of young people who get arrested for shoplifting. Most of the time its stuff they don’t really need. Maybe it’s the thrill of trying to take something, or maybe its peer pressure. No matter what the reason, theft is a serious charge that can follow you for the rest of your life. Most people don’t realize how little it takes to end up going to jail; anything over $50 is a class B misdemeanor, which carries the potential for jail time. You can obtain pre-trial diversion for theft, but each case is different. Generally, acceptance into the program is going to be limited to one time mistakes, involving minor matters. In other words, don’t expect that you are going to get a get a pass for stealing something big, or high dollar items. Like all cases, the conditions imposed will depend on the individual case, and will generally require some type of counseling.

Increasing your odds

  • Your odds are greater in some cases than others. It starts with the arrest; if you are a complete jerk to the police officer, that’s not a good sign. Your chances are much better if you are cooperative and respectful – which is a good rule of thumb for how to treat everyone. If you are disrespectful and abusive to the police officer, there are going to be serious questions about your ability to complete the program
  • Pre-trial diversion is generally available for good kids who make stupid decisions. If you’re flunking out of school, and you’re only there to party, that’s not a good sign. Pre-trial diversion is designed for kids who are serious about school and have goals for their future.
  • Extra-curricular activities are not only good for your resume, they also look good when applying for pre-trial diversion. They show that you are serious about your future, and trying to make a difference with your life. While you can’t earn or work your way into acceptance, it doesn’t hurt.

Contact Our Baylor Student Defense Attorney in Waco

Pre-trial diversion is an opportunity, and not a right. Not everyone will qualify or be accepted – and in fact MOST WON’T. However, it is an option that’s available in the appropriate case. Contact our student defense attorney if you would like to discuss this option for your case by calling (254) 781-3588 or by filling out the contact form below.

Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.