Pros & Cons of a Pretrial Diversion Program in Criminal Cases

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This video explains the pros and cons of a pretrial diversion program, sometimes known as pretrial intervention. It considers how pretrial diversion works in criminal cases, its advantages and disadvantages. Follow us on Instagram: / sgustitis
Visit www.gustitislaw.com for more information about a pretrial diversion program and the best criminal defense attorneys in Bryan-College Station, TX.
This video considers pretrial diversion programs, how they work, and the advantages and disadvantages to the defendant during criminal pre-trial proceedings.
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About This Video:
In this video, criminal attorney Stephen Gustitis describes how a pretrial diversion program works in criminal pre-trial proceedings and how it can help and hurt a person charged with a crime. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including the advantages and disadvantages of a pretrial diversion program. #pretrialdiversion #gustitislaw #pretrialintervention

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6 июл 2024

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Комментарии : 428

@lilozine 2 года назад

That written confession sounds like a huge disadvantage. Especially if you are (truly) not guilty of some of the charges pressed against you. Praying for everyone going through the system.

@GustitisLaw 2 года назад

That's why you MUST consult with a criminal defense attorney before entering into such a contract. Make NO decisions with such a consultation.

@kermit9987 8 месяцев назад

Hypothetically, if a prosecutor really wanted to ultimately have a defendant convicted by a judge or by a unanimous decision of the jury, but didn't currently believe there was enough evidence, then, as a way of deception, offer a pretrial diversion program as a trap in order to obtain a written confession, which the prosecutor can use against the defendant in court after intentionally and maliciously terminating the established pretrial diversion program contract, regardless of compliance with the contract by the defendant?

@tylerhoward6357 5 месяцев назад

@kermit9987 and that's exactly what they do too 💁🏼‍♂️😅 you must know sum

@AntonVitullo 4 месяца назад

Right and then going in front of a judge and the judge telling you all your rights that are waived and pleading guilty to the charge

@nicogratton3835 4 года назад

Thank You For That Informations, Very Insightful. I Do Have A Question. If I Have A Warrant Out Side Of My State/County, Who This Affect Me Entering In And Completing My Pre Trail Intervention Program?

@GustitisLaw 4 года назад

If the charges outlined in the warrant did not happen during the pre-trial intervention program, then my best guess is no. If the charges did occur during the program, then I'd say you have a problem.

@elusnake 4 года назад

Hello. Are the conditions to be fulfilled in a pretrial diversion and in a probation necessarily the same? I know the first takes place before trial and the other is a type of sentencing. But the conditions to be met seem very similar to me.

@GustitisLaw 4 года назад

They are very similar. Basically it's being on probation without being on probation. It's the ultimate outcome that is so different, however. With probation you have a record. With pretrial diversion you usually get a dismissal.

@grebster1980 2 года назад

Thanks for offering this info it'd be great of more tried to help others like you are. The offer to contract from the DA reinforces a few things I'm deciding on in the law world.

@GustitisLaw 2 года назад

PTD programs are only available if the prosecutor has already developed the system. If the DA has no program established then you’re not going to have a chance to “contract” with the prosecutor.

@itzcamfox7947 4 года назад

Hey, I really like the videos! Can I request one comparing a jury trial to a bench trial. The advantages and disadvantages to each. Thank ahain!

@GustitisLaw 4 года назад

That’s a good idea. I will put that topic on my list. Thanks.

@phanx0m924 2 года назад

@@GustitisLaw Yup!

@BO._oDEeE 2 года назад

Can you get a extension for a diversion/program? If unable to complete the classes if needed due to housing and such. It states on the georgia forum i can, but it says to nicely ask for a extension but just need to know if this possible tho?

@GustitisLaw 2 года назад

I have no idea. Hire a lawyer to review the diversion contract. That may answer your question.

@rascalz4267 3 года назад

After successful completion of the pretrial diversion program and the charge is dismissed, if an individual repeats the charge again would that current charge be considered their 1st or 2nd?

@GustitisLaw 3 года назад

That depends where the second offense occurred. If the first prosecutor knows about the new case, they would NOT consider the new charges as a first time offense. If they did not know, then probably yes. This may also depend on whether the records of the first offense were expunged.

@Geez01 3 года назад

My son is currently facing criminal charges for a fight he did not take part in and possession of marijuana that was not found on his person. This is his first offense, although were fairly certain we could prove his innocence I remain skeptical of the legal system and fair play. I asked our lawyer about pre trial programs he might qualify for and he seemed unwilling to discuss those options. Should I push him to seek any pre trial programs as a quick resolution and if he's willing to do so should we find new counsel?

@GustitisLaw 3 года назад

Hiring a new attorney is totally within your discretion. I hesitate to give you specific advice in this matter since I have no idea why your current attorney is not willing to explore the options you mentioned. Certainly, you could ask him whether pre-trial diversion programs exist and what was his opinion concerning your son's qualifications. You could also ask why he's not willing to "discuss those options." Good luck and thanks for your visit.

@franklentz8508 4 года назад

I have received a pre trial diversion contract. Are these terms set in stone? Can they be re worked now or later ?

@GustitisLaw 4 года назад

I'd talk to your attorney about that question. I would say that prosecutors would rarely "negotiate" the terms of a pre-trial diversion since the end result for the defendant is so favorable. But that might be a case-by-case evaluation. Good luck and thanks for watching my Channel.

@mtdewyx 4 года назад

How do I find Iowa Court deceisions on traffic court trials?

@GustitisLaw 4 года назад

You would probably need to access the records of the specific court of interest. But since I don't live in Iowa, I don't know for sure.

@rudyramirez9993 2 месяца назад

What happens when your on a pre trial diversion contract and you beach that contract. Do you just start probation over ? Or do you go to jail

@MiguelMolina-ks8xp 22 дня назад

Hello, can i be Eligible for Diversion for a Minor Fender Bender incident if have a pending Reckless driving in the same state but different city? I have a clean prior record just have had bad luck for some reason

@kamikomanning2402 Год назад

Thank you for posting this. Because of your explanation regarding the pretrial diversion program I have decided to take my case to trial. I have researched the charges against me and I am confident in my ability to raise enough reasonable doubt to be found not guilty. I just hope my public defender is familiar with defending someone with this specific charge, as I have never known anyone in our county ever actually being charged with it.. (penal code 270.1) I have tried finding a law firm that would be able or willing to review my case, but unfortunately due to being low income I seem to be at a standstill and stuck with the public defender I was given just this past Tuesday (May 9th) and have only received one email from. And of course I was told I must decide by this coming Tuesday (May 16th) whether to move forward with taking my case to trial or accept the offer of the pretrial diversion program that the district attorney is offering.. and due to the fact that I would have to sign something saying that I admit guilt in the matter, which is not true.. I have decided to take it to trial.. 🤞 Again thank you for the much needed explanation.🙏 It was more of an explanation than my public defender gave me.. 😒

@GustitisLaw Год назад

You are welcome. I wish you the best of luck!

@tylerhoward6357 5 месяцев назад

What happened with your case !!???

@markcmpbl2101 4 года назад

What are the most common charges that result in pre trial diversion ?

@GustitisLaw 4 года назад

Since the prosecutors decide what charges qualify, it's difficult to speculate about the most "common charges." I know prosecutor offices that offer pre-trial diversion for most charges, and others that limit charges to just a few.

@desiremuketiwa9811 Год назад

Wonderful

@GustitisLaw Год назад

Thank you.

@cameronhudgins3338 29 дней назад

Does this program prevent you from being able to sue in civil court once you complete the program if it only included you staying out of trouble for 6 months?

@shopersecret5245 2 года назад

I am a 100%. disabled veteran, I was charged with unlawful weapon pocession while going for an afternoon bike ride by the city police. I was booked but was realleased the very next day on the grounds of non-probable cause. Half a year later I tried to get back my weapon to which the court employee advice me not to because the charges would be put on me again. I didn't believe double jeopardy would happen so I disregarded and continue to persue the recovery of weapon, at this point now the State charged me again with the same charges. My options now are to go totrail

@GustitisLaw 2 года назад

I'm sorry I' m not in a position to answer your question. A competent answer would require me to review all the law and evidence in the case first. I would say your best source of information is your defense attorney. Good luck and thanks for your question.

@Shaktinamaste 2 года назад

What do you advise for a weak case for misdo dv charges considering the impact on custody negotiations? A divorce lawyer said a diversion is the same as being found guilty in family law and divorce cases.

@Shaktinamaste 2 года назад

In California *

@GustitisLaw 2 года назад

I have no idea. I am not familiar with CA law, nor the facts of your case. Unfortunately, whether a case is "weak" or not is often a matter of opinion. Please consult with a qualified CA criminal defense attorney to help advise you.

@sandielouwho 4 года назад

I have a question. My son had to go to court for truancy. They dismissed the charges against him and charged me with improper supervision of a juvenile. They only wrote me a citation. I went to court and they offered me the pre trial diversion program. I paid 100$ and as long as he doesn’t miss school without a doctors note I believe the charges will be dropped. My issue is this is now on my background. Will it be removed once I complete the program.?

@GustitisLaw 4 года назад

Whatever "record" you have now will not removed automatically after you complete the program. You should consult with a defense attorney in your state about how to expunge records of this kind. After expungement, the records would then be removed. Thanks for such a good question.

@michaelrobinson2319 2 года назад

Not likely because the criminal actors love to defame your character and reputation in the public eye Judges are catagoricly political activists

@gatespower177 3 года назад

Can I go to court in another state if I'm on pretrail releases in another state and that state say I can't leave the state

@GustitisLaw 3 года назад

You will need permission to leave the state for your court date.

@Lamarcus47 2 года назад

I'm on federal diversion low risk and I was wondering is it going to show up on my background check for this job i applied for the railroad.

@GustitisLaw 2 года назад

I'm sorry, but I have no idea.

@kristym969 Год назад

In 2010 I was the victim of domestic violence and my ex was offered a pre trial diversion because he had no prior arrests or convictions. In 2022 he was arrested for assaulting a new partner and has yet to go to court in regards to this charge. I do not know whether or not my ex has ever had the record for the pre trial diversion expunged. Would there be any record of the past pre trial diversion - which would mean that the court is aware of him already committing the past assault against me. I wanted to know this because I am concerned that he may be sent to jail for an extended period of time which would negatively impact me as my daughter is severely disabled and I rely on his financial support. I am Canadian and my ex is in Texas, so I don't understand exactly whether or not that past arrest would show up on his record when they are trying him for a new crime (which is essentially the same crime of assaulting causing bodily injury of a domestic partner)

@GustitisLaw Год назад

Unless the record of his prior arrest was expunged, then it will be found. In that same vein, expunctions do not occur automatically.

@manindersingh3492 3 года назад

I successfully completed the pre trail diversion and my case is dissmissed and my citizenship is up next year will this affect my citizenship??

@GustitisLaw 3 года назад

You’ll need to discuss that question with a qualified immigration attorney. They can provide the most accurate answers.

@JohnSmith-wi4xo 3 года назад

I was charged for verbal harassment, and I’m now on probation for two years as part of PTI. I honestly never knew it was a crime, let alone something I could be on probation for. It’s messed up my life permanently. And not all expungements are approved.

@GustitisLaw 3 года назад

The Pre-trial Intervention contract should explain what the prosecutor will do upon your successful completion of the contract. Can you tell me what it says?

@phanx0m924 2 года назад

What didya do?

@Kami3Kaze 4 года назад

I have a serious question for you i may or may not have been caught stealing at Walmart the cop didn't arrest me but said he would issue a warrant for Wednesday and wants john doe to turn himself in by Wednesday they also told john that he to pay for the items and 200 dollars which he's guessing is for restitution he cannot afford a lawyer but he does have the 307 dollars to pay for everything and this is also his first offence involving anything will he really get jail time and does he need to plead guilt because he cannot afford the court cost or really the lawyer because he doesn't have a job at the moment

@GustitisLaw 4 года назад

A theft conviction can have life-long negative impacts upon a person's life. Theft is a crime of moral turpitude and no business owner is interested in hiring a convicted thief at their place of business. Consequently, I recommend John Doe hire a lawyer . . . the remainder of his productive life may depend on it.

@johnwhitaker545 Год назад

Way back in 1998 I went to Louisiana and got caught with some weed. I did the pre trial diversion and it was never brought up again until now 25 years later. It showed up on an NCIC background check as pending. So I lost my ability to be on the local army base as a contractor. Their list of things that will flag you include a conviction for manufacturing with intent. So I was denied. My question is this…. I wasn’t convicted so… are they in the wrong for denying my access? How is this just now appearing on my background check, when I’ve had multiple background checks done without issue? Any help or advice is greatly appreciated.

@GustitisLaw Год назад

I have no idea. The government does what the government does. You need to understand Louisiana law.

@Javier-es9vp 4 года назад

I’m currently in a military diversion program in California. I understand that once program is complete the courts will usually erase dui case against me. The question I have is what are the chances the dmv will do the same? I have a class A license and need to drive trucks for a living.

@GustitisLaw 4 года назад

Thanks for your good question! My experience is limited to Texas, so you'll want to consult with a defense attorney in California to be sure. Nevertheless, here in Texas a DUI arrest would need to be expunged following the successful completion of a pre-trial diversion program. Expungements in Texas DO NOT happen automatically. The person seeking an expungement must actively file a petition for expungement in the appropriate court to obtain a court order to expunge the records. Addressing your DMV question specifically, there may be DMV records that are administrative in nature and NOT eligible for expungement. For example, here in Texas, if a person received an administrative driver's license suspension related to a DUI arrest, but later successfully completed a pre-trial diversion program related to the criminal case, only the criminal records could be expunged, not the administrative DMV records. So, you can see this is not a straight forward issue to address here in the comment section. That's why I recommend consulting with a knowledgeable attorney in California. Good luck and thank you for watching.

@uzielyisrael8598 4 года назад

I have been wit 1 degree child endangerment death of my daughter even tho I was around but my legal firearm was use never been n trouble wit law before is it possible I can get probation I have pretrail coming up

@GustitisLaw 4 года назад

Only your hired defense attorney can answer that question. They will review the law and evidence and advise you on the options. They will also know how the prosecutors, judges, and juries respond to these kinds of cases in your community. Thanks for visiting.

@priyareddy3842 2 года назад

Hello Sir, I have a quick question. One of my friend has an arraignment on May 20th regarding a case called “Larceny under 1200$” for a petty theft at Walmart. He spoke with an experienced criminal defense layer and he suggested pre trial diversion. He was asked to pay restitution and complete an online course. Once he pays back the restitution (sends money order to the court) and completes the course the attorney mentioned the case will be disposed (meaning he won’t be charged nor convicted) l, having a clean record, and the record doesn’t show up in criminal background. Also my friend is an immigrant. So my question is - if we complete pre trial diversion requirements before arraignment- does that mean he won’t be formally charged? And also it will not show on criminal background? Is that true? If the above is true, then fine. If not what would be the case and will it affect immigration? Also I follow all your videos, please keep doing all your great work for your client. Thank you so much

@GustitisLaw 2 года назад

You must read the pre-trial diversion contract to know what the agreement says about the resolution of the case following the successful completion of the program. Unless the records are expunged, the case will remain on his record. Only an immigration expert can tell you whether there are immigration consequences.

@jouveliart 2 года назад

What was your outcome?

@mingosquire1461 2 месяца назад

@@jouveliartwhat was the outcome

@keytamcallister1870 3 года назад

What about mail theft with usps first time offender being charged with felony entered confessed statement on what evidence was brought against them ? My friend took some gift cards and they had a picture of him using the card so he admitted to it in writing a letter to the judge although he wasn’t charged with anything just questioned about it

@GustitisLaw 3 года назад

Your friend must REMAIN ABSOLUTELY SILENT and hire a criminal defense attorney immediately. Everything your friend says can be used against him in court. The defense attorney will be better able to answer your questions. Thanks for visiting my Channel.

@99dodge318 3 года назад

I just received a notice of court appearance for January 2021 for a class b misdemeanor for theft in comal county texas. Can I file for a pretrial diversion? This is my first time being in trouble with the law, so I am not sure of what steps I need to take to keep a clean record. Also will a pretrial diversion affect my lawful gun ownership? I do not have a LTC yet

@99dodge318 3 года назад

I also do not take any drugs or drink any alcohol, so I can pass a drug test if that is required

@GustitisLaw 3 года назад

The first part of your question depends upon whether Comal County has a pre-trial diversion program. If they do not, you will not obtain that objective. If they do, you will need to meet their requirements. My recommendation is to hire a criminal defense attorney to help you. They will know whether the diversion program exists and what factors the prosecutor would consider in evaluating your case for the program. If on a program, they will randomly check for alcohol and drugs so your clean lifestyle will be a big plus. Good luck!!

@alyahpoitier2697 2 года назад

I’m being charged w/ a second degree misdemeanor for driving without registration in the state of Florida, I’m set to appear in court 10/12 and I’ve been given the weekend to decide. (I had no idea because I got temporary tags from a dealership) I’m being offered the diversion program. 1. I’d like to know how would this affect me wanting to be a dentist and/or getting future jobs? 2.Would expungement show on school applications/federal applications? 3. Taking the diversion route would mean I pleaded guilty ?

@GustitisLaw 2 года назад

I have no idea how to answer your questions. I don't know Florida law. I don't have access to the evidence in your case. Only your attorney can accurately and precisely answer these important questions.

@JD-jt9hz 2 года назад

I’m on PTD for a DWI charge (first time offense). Mind you I was never caught with alcohol only empty containers I blew a 0.7 & was sober after another test 25 mins later. They agreed to dismiss my case as long as I attended an online class and 30 hours of community service. Any advice would be appreciated thanks!

@GustitisLaw 2 года назад

I'm not sure of your question. Usually, when a person enters a pre-trial diversion program, they must confess to the crime and waive their rights.

@houselover05 2 года назад

Does “mental health diversion status” mean the defendant already is in a diversion program? Or does it mean the defendant is trying to get accept into a program. I read this phrase from a case transcript

@GustitisLaw 2 года назад

I'm sorry, but I have no idea.

@davidhorsley7698 4 года назад

I think I like the comments on the contraction I'm thinking about taking Law School online

@GustitisLaw 4 года назад

I didn't know you could get a law degree online.

@franklentz8508 4 года назад

I have received a pretrial diversion Offer. Is this set in stone or can the terms be re worked ?

@GustitisLaw 4 года назад

Please see my answer to your previous question. Thanks.

@Cinnamonrollwhite Год назад

Is this true in Wisconsin? That defendants are not subject to court appointed punishment if they violate? Also, does this mean that a person who violates the contract is then allowed a trial?, You said that the prosecution continues prosecuting and simply terminate the contract, but shouldn’t they get a trial then?

@GustitisLaw Год назад

It depends upon the terms of the contract. Pretrial diversion is a gift. If the defendant screws-up the gift, then the prosecutor is free to do what they want. If the person is then charged, then they have the right to fight the charges. However, pretrial diversion contracts typically require a confession. That would make defending the case very difficult.

@willowgarrison Год назад

Stupid question I'm sure. For larceny, if you admitted to it prior to formal charges filed, meaning in initial police statement/interview over the phone, can you still be eligible for pti? It kept saying online if you plead guilty you are ineligible? No formal charges yet.

@GustitisLaw Год назад

I have no idea. I don't know what the policies are regarding PTD in this jurisdiction.

@MmoPlazza 4 года назад

Let’s say you start pre trial in 5 days and that you just found out due to them closing because of coronavirus, and you haven’t quit smoking. will they give you a warning on your first drug test? i was suppose to be in the start the program back in march.

@GustitisLaw 4 года назад

I don't know. That is a risk you'll have to take, I'm afraid. Good luck. I wish you the best.

@cameronechols119 3 года назад

I was arrested but she dropped the charges so I was on a pretrial diversion. It says the agreement will expire after one year in Indiana do it still show up on my record?

@GustitisLaw 3 года назад

Probably yes, until the records are expunged. Talk to a qualified defense lawyer in Indiana about the expungement laws. Good question!

@paige8215 2 года назад

I recently got a low level felony theft case in brazos county does that qualify for a pre trial diversion there?

@GustitisLaw 2 года назад

The Brazos County DA office does not have a pre-trial diversion program for theft offenders. Currently, only for low level drug cases.

@israeltorrez492 9 дней назад

Can you finish the program early if you pay the amount owe

@NGSX 4 года назад

What if you have a Pre-Trial Diversion coming up to attend to and you end up getting a ticket like me? I received it in January but I paid the ticket the very next day. Is there a chance the case may be dismissed altogether since that being so?

@GustitisLaw 4 года назад

I doubt a traffic ticket would be enough to violate a pre-trial diversion contract, but theoretically it is enough. It also depends upon what the contract says about breaking the law and whether a traffic citation is something they are concerned about. Finally, you did not tell me whether you were actually on the pre-trial diversion contract when you got the ticket. If you were not, then the ticket is most likely irrelevant. Thanks for your question.

@NGSX 4 года назад

@@GustitisLaw well it wasn't a traffic ticket, I should've been more specific. The police officer wrote it as a ticket and this was before I was on Pre-trial Diversion. The ticket was charged with theft in utilities under $1000 (around $200 to be exact). Water company turned off my water back in January and someone reattached it illegally and still to this day I don't know who did it and I'm charged for it because my name is on the paperwork for the water company. So, now I'm having to be put on the program but since the ticket as it was written was paid the very next day, I was wondering what there is to expect from the program since it was paid so soon. Is it possible that they wanna at least hear my side and possibly dismiss it or will the program will still go forward as I expect it to? Any information would help and thank you for the response.

@GustitisLaw 4 года назад

@@NGSX If the charges for theft occurred before the beginning of your pre-trial diversion contract, the theft charges should have no effect, unless the prosecutor will simply not offer pre-trial diversion because of the prior theft charges.

@heatherbender6194 2 года назад

What will happen if I fail on the interlocking device?

@GustitisLaw 2 года назад

You could be in deep trouble. Either a violation of bond conditions or a violation of probation. Consult with a defense attorney right away.

@reneramirez5020 4 года назад

I am a first time offender , i have an aggravated assault with a deadly weapon my lawyer recommends doing a pre-trial diversion as he said it's a high chance be approved my question is because I'm a first-time offender am i likly to be taken in to the program even tho its a felony ?

@GustitisLaw 4 года назад

That depends upon the prosecutor running the program. They have developed standards upon which they decide what cases are pre-trial diversion worthy. Good luck and thanks for your question.

@leahjohnson5127 3 года назад

What if this is your first offense ever. No criminal record no arrest . Haven’t even been to court . I was offered ptd and I’m definitely going to complete this. Will this show up on my background?Will this show up when applying for a job? Does this mean I have charges against me? Even if I wasn’t arrested or even been to court yet ?

@GustitisLaw 3 года назад

Until your record is expunged, generally it will show-up on criminal background checks. After the the pre-trial diversion is completed and the prosecutor dismisses the case, you would probably become eligible for expungement sometime in the future. But the best person to determine this is your criminal defense attorney. They will be familiar with expungements in your state and can give you more accurate information. Thanks for your excellent question.

@_peachbeach Год назад

I'm not sure if you still reply to comments ... but can the prosecution add more charges while you're on a judicial diversion?

@GustitisLaw Год назад

Were more charges committed after the diversion began?

@grayghost20000 3 года назад

How do you know if you will even be offered pretrial diversion?

@GustitisLaw 3 года назад

You won’t. Ask your defense attorney about the availability of pre-trial diversion and if it exits, ask about the types of cases it is offered upon. Good luck!

@antraviousjordan3744 4 года назад

I’ve successfully completed my terms of my pretrial which were to, pay fines and community service, my pretrial was set for 12 months but I have completed half of that term with this month being the 6th, how could I go about having my pretrial ended early? This was my first offense for misdemeanor marijuana and I wasn’t arrested, I was just given a citation I must add.

@GustitisLaw 4 года назад

I don’t know. Pre-trial diversion is typically a contract you enter into with the prosecutor. What does the contract say about early termination?

@kristiehowell3880 3 года назад

My husband has been clean almost two years. He got arrested in 2018 for drug possession. His lawyer has offered him diversion. I assume this would be his best option?

@GustitisLaw 3 года назад

I cannot advise a decision like that without a complete review of the evidence and law applicable to the case. I appreciate your question nevertheless.

@RealasitgetsNFG 3 года назад

Can I be on suboxone or an mat program while on 5 years felony diversion

@GustitisLaw 3 года назад

I don't know. I'm sorry.

@thegreat444 3 года назад

Amazing

@GustitisLaw 3 года назад

Thanks!

@tierranicolee5212 4 года назад

Ok serious question, this is my first felony charge for “act of terrorism” and I was offered the PTI program without probation. I’ve been clean ever since I’ve been out of jail, however idk if I’m going to drug tested as I was honest on the application, Is there a possibility they’ll drug test me?

@GustitisLaw 4 года назад

Of course they will drug test you. Everyone gets drug tested these days.

@tierranicolee5212 4 года назад

@GustitisLaw what if the area that I got booked in at (Bartow county) processed my property the incorrect way. For example I had a warrant in another county Hillsborough county ;but was booked in Bartow county and I had a bag,cellphone, wallet with some money, and the clothes on my back and before I got booked in I signed papers for my property, however when I got transported to the other county (Hillsborough county) they haven’t transported half of my property with me ( my wallet with money, my bag, and cellphone) the only property I signed for was my clothes . Do I have a lawsuit with Hillsborough county? I even called Bartow county 50 times and I can’t get in contact with the property officer. I even talked to the Sargent .

@GustitisLaw 4 года назад

I don’t know about a law suit. I practice criminal law, not civil law.

@jessehawkins5260 2 года назад

I’m on pre trial diversion I’ve been on it for 3 years and it’s for receiving stolen property I have done everything I was supposed to do but I have a court date next month and it is supposed to be the end of my probation but my probation officer wants me to go to rehab and I did but I ran away because I’m not mentally able to be in rehab and I have a doctors note saying the same thing so wil I go to jail on my court date or will it be all over and that’s it?

@GustitisLaw 2 года назад

I have no idea. It depends upon what the PTD contract says.

@jessehawkins5260 2 года назад

@@GustitisLaw okay thanks

@migueltor6434 4 года назад

Sir, are there any videos of you in a criminal court setting.

@GustitisLaw 4 года назад

I believe some years ago the local news channel videoed my final argument in a capital murder trial. But I would have no idea how to locate the video. Why do you ask?

@migueltor6434 4 года назад

@@GustitisLaw I always enjoy listening to lawyers present their arguments. Years ago, when time permitted, I would sit in criminal trials in Liberty county, Georgia. Reading and practicing are different issues. 28 years experience.

@gbeep2011 3 года назад

If you got approved for a diversion but the Arresting officers never read your rights to you.. does that mean they still have a case against you even if they don't read your rights

@GustitisLaw 3 года назад

Police are trained to NOT read rights until they have to. Just because you get arrested does not mean the police must read your rights. Miranda rights are ONLY required when a person is in custody AND the police want to interrogate the person. Otherwise, Miranda rights are irrelevant.

@MrInvertibrate 3 года назад

My court date for theft

@GustitisLaw 3 года назад

You need to hire a defense lawyer to help you. Most people are ill equipped to effectively negotiate with a trained prosecutor. Regardless of what you think the evidence is, you are also ill equipped to evaluate the admissibility and persuasive value of the evidence.

@therealistjustin9015 2 года назад

If I am finishing my Diversion Program for misdemeanor theft (first time offense), and I successfully completed all the terms, will my case automatically be dismissed in court next month??? I

@GustitisLaw 2 года назад

I have no idea as I do not have the contract to review. The contract will answer your questions.

@sarahkusi9722 11 месяцев назад

Please if you get a citation for shoplifting . The cost of the items was $70.22. Now get into a diversion program for 2 month and that’s the first criminal offense committed. Please is it guaranteed that the case will be dismissed and it won’t affect future job opportunities that requires background checks especially in nursing. Thank you

@GustitisLaw 10 месяцев назад

Thanks for commenting on this thread and sharing your opinion.

@mufufu2767 3 года назад

Quick question. Are you able to apply for jobs if you have to go through the diversion program?

@GustitisLaw 3 года назад

You can apply for any job you want. However, the arrest leading to the PTD will be accessible to any background check the potential employer completes.

@mufufu2767 3 года назад

@@GustitisLaw I’m under 18, but have to go through a diversion program to get it off my record

@mufufu2767 3 года назад

@@GustitisLaw thank you

@ciarawhitfield5985 2 года назад

Got arrested a few weeks ago for “shoplifting at Walmart at the self checkout” & have my first court date soon. Someone told me about pre trial diversion. I’ve never been in an type of trouble other than this. So when I get an attorney & mention this to my attorney will I have to be on probation or community service or something like that in order to complete the program or will I just have to stay out of trouble for a year ?

@GustitisLaw 2 года назад

I have no idea. Since I know nothing about the facts and circumstances of the case, I don't know if PTD, probation, or jury trial is the best option for you. Your defense attorney will know best.

@AntonVitullo 5 месяцев назад

Usually that’s a petty theft charge for that you should definitely without a doubt be eligible for the program

@masonotb 4 года назад

I am on a pre trial diversion for Facilitation of 1st degree robbery. Class D Felony. I received 5 years probation. My question is, am I considered a convicted felon? Or would that only apply if I fail to complete the terms of my diversion?

@GustitisLaw 4 года назад

You become a convicted felon after a judge (or jury) enters a verdict of guilty. Pre-trial diversion avoids this consequence and avoids any adjudication of guilt. If you failed to complete the terms of your diversion, you'd be back in court to defend the charges.

@masonotb 4 года назад

Thank you

@GustitisLaw 4 года назад

@@masonotb Of course!

@Chiefs15879 4 года назад

i will be done with my pretrial diversion on the 11th, will i have to show up for a final court date for expungment or is that done by the court and diversion company?

@GustitisLaw 4 года назад

Congratulations! The expungement is an additional procedure that you must hire an attorney to help you with. Ask your supervision officer whether you must appear in court. Good luck and thanks for visiting.

@Chiefs15879 4 года назад

@@GustitisLaw thank you!

@matweezy1760 3 года назад

Henry Johnson how long did it take you to complete the program including community services hours if given

@Chiefs15879 3 года назад

@@matweezy1760 hey, my program lasted exactly a year. no community service hours given before or after completion. Just stay honest and clean for a year and your good to good to go.

@Chiefs15879 3 года назад

i also did not have a court date after completion of the program. my county states if you were to get into trouble with the law within 90 days after completion of the program the charges can be added again.

@beeazyis Год назад

So I can’t get no tickets of any kind? I’m on PTD for simple battery. I got pulled over when I was doordashing. All I was doing was looking at the gps but the phone was in my hand . Not only that I forgot my wallet at home and it made that two tickets. No license on person and failure to exercise due care . Idk what to do because I was just doing my job and don’t want no jail time because of this! What can I do?

@GustitisLaw Год назад

Regrettably, I cannot give you legal advice on the Internet because I don't have access to the evidence and law applicable to your case. Only your defense attorney can evaluate your case based on the facts and law involved. My recommendation is to hire a qualified criminal attorney immediately to help you. In the meantime, say nothing and do nothing until you have your attorney on board. Thank you for your good question.

@glennhertel1165 Год назад

Perfect

@GustitisLaw Год назад

I'm not getting your point.

@kerrylozano Год назад

How long do they have to indict you on a drug possession charge

@GustitisLaw Год назад

Within the statute of limitations.

@jaywilliams4531 2 года назад

Does the pre trial intervention èxist in federal minimum mandatory drug caes

@GustitisLaw 2 года назад

I have no idea. You'll need to investigate the prosecutor's policy in that court.

@katanab.5585 4 года назад

I am about to accept a pre trial diversion. In Texas how long does it normally take to get your record expunged after completion of pre trial diversion?

@GustitisLaw 4 года назад

Katana: That is an excellent question. Your wait time depends upon the statute of limitations. If you were arrested for a misdemeanor, then count on waiting 2 years from your arrest date to apply for expungement. If you were arrested for a felony, then the wait is a minimum of 3 years from your arrest date, but could possibly be longer depending upon the felony. Good luck with your pretrial diversion. I know you’ll do great!

@mardigras33 4 года назад

Diversion is only “expunged” on a state level but not a national federal level. So you still plead guilty. It’s a trap. You’re basically paying into the system to stay out of jail

@phillipedwards2500 3 года назад

@@mardigras33 what do u mean

@mardigras33 3 года назад

@@phillipedwards2500 diversion is just like being in jail, except you are free to work. (To pay your fines) if your diversion program is for 3 years and you’ve paid on time 2 years and 9 months but MISS one payment, you have to start diversion all over again. So, once you go up for “expungement “ it’s only granted on the area that you were convicted in. To get it completely expunged you have to submit your expungement documents to Lexis Nexus, three credit bureaus, and the agency that governs insurance quotes. You also have to submit your expungement paperwork to the FBI to remove your prints from the database. But depending on the charge you were convicted for, good luck. Attorneys don’t tell their clients this information, nor will the clerk of court tell you. Best wishes to you.

@thesuaveshow9602 3 года назад

how does the drug test go? I haven’t started my diversion program and I’ve smoked 3 days ago

@GustitisLaw 3 года назад

Then you'll be dirty. You need to quit doing drugs IMMEDIATELY if you want to successfully complete a pre-trial diversion program. Believe me, they will have no tolerance for drug use.

@daepicpigeon3274 3 года назад

Damn bro, you get locked up?

@CaughtYouSlippingAudits 2 года назад

I’m a 1st Amendment Audit Activist. I have a 10 charges for filming the police & government buildings. None of them waste physical nor violent. I have trespassing, obstruction of gov op, verbal harassment, disorderly conduct, ref to ID, passive resistance. I was arrested 5 times in a short amount of 5 months. I have never been in trouble with law until I decided to pick up my phone and start recording. My attorneys filled for a Diversion program but they been giving them the silent treatment. I wonder if they’ll approve it

@GustitisLaw 2 года назад

I have no idea. Since the D.A.'s office controls whether a person will be offered pretrial diversion, your local defense lawyers will be in the best position to determine the success or failure of your request. In the meantime, I would cease your 1st Amendment Activist activity. Pissing-off the government is not a good strategy at this point in the process. Good luck.

@janneeljohnson7408 3 года назад

I was changed for petty theft ( stole 60 dollars worth of groceries from Walmart not on purpose) I've never had any criminal record or done anything wrong. Will I qualify for pre trial diversion??

@GustitisLaw 3 года назад

That depends upon whether the prosecutor's office has an established pretrial diversion program. The best person to ask is your criminal defense attorney. They will know the court system and whether the prosecutors have such a program. Good luck.

@hernandez_official9103 4 года назад

I already got the pretrial papers but it's asking me to follow like 40 rules who do they think i am when will it end??

@GustitisLaw 4 года назад

Discuss this contract with your defense attorney. There are many benefits to pre-trial diversion, but they make you work for them. DO NOT make a decision about this program without the help of a criminal attorney. Thanks for your question.

@hernandez_official9103 4 года назад

@@GustitisLaw yea it's supposed to clean my record when i finish it but idk what it is are they classes??

@GustitisLaw 4 года назад

I can’t tell since I don’t have access to the contract. But I bet they probably are classes and other educational things.

@wetwindowsguy8396 3 года назад

I have a situation were there is a c.i in my case but his situation is he has a dui. This is the reason why he is doing what he is doing. Does this look good for me

@GustitisLaw 3 года назад

I have no idea. Your hired criminal defense lawyer will investigate the facts and law and give you advice about how to resolve this important case. Good luck.

@jayho6144 3 года назад

Is IOC and diversion the same program?

@GustitisLaw 3 года назад

Good question. Unfortunately, I do not know. Can you get more information about the acronyms?

@avinashgogineni8431 2 года назад

How it works for someone who commits felony unintentionally (with mental illness) ? will diversion pretrial works like normal (with fine, community service hours or educational counselling )?

@GustitisLaw 2 года назад

Only the prosecutor can decide whether this is an appropriate way to resolve the case. Talk with your defense lawyer about whether the prosecutor has a pretrial diversion program available.

@GustitisLaw 2 года назад

Also, just because a person has mental illness does not mean their conduct was unknowing or unintentional.

@jdblmabert 2 года назад

i was arrested n detained for walking home they claimed i was suicidal but instead of bringing me to a hospital they locked me up in a cell against my will with a matress on the floor no blanket or pillow so i ripped the mattress a lil bit n they want to charge me for 2 matresses now they offered me diversion should i accept ot take it to trial

@GustitisLaw 2 года назад

I have no idea. I have not reviewed any of the facts or evidence. That is necessary before a lawyer may give an opinion.

@hezekiahfortune433 Год назад

wait so if i take the pti would i be able to apply for a job and maybe get it

@GustitisLaw Год назад

I have no idea. Sorry.

@shiestyjefee 3 года назад

wait so im 180 day diverson program if i dont do my requirements will they basically restart my case?

@GustitisLaw 3 года назад

I would guess, if you don't do your PTD requirements, you are in violation of the PTD contract with the prosecutor, and therefore the PTD contract would be terminated.

@shiestyjefee 3 года назад

@@GustitisLaw my probation officer send me a link for a meeting but i be ignoring his calls and never join the meetings he said he was gone send it back to restart and get chargerd is that true?

@GustitisLaw 3 года назад

@@shiestyjefee It could be true. Depends on the terms of the PTD contract.

@shimikagarrett4917 2 года назад

i was charged with 4th degree child abuse 2019. i was on diversion completed all requirements received dismissal. shows on my background check how can i remove this from my background.

@GustitisLaw 2 года назад

It needs to be expunged. Talk to a defense lawyer about whether that's possible.

@mdgarcia150 4 года назад

Hello, I’m currently on PTD for a DWI charge here in Texas. Half way through the program to be exact. Do you believe I still have a decent chance to find work despite this process?

@GustitisLaw 4 года назад

Impossible to tell. When a potential employer learns you’ve been arrested for DWI, they may care or they may not care. Keep pushing forward, nevertheless. Eventually, you’ll complete the program and become eligible to expunge your records. Things should start to loosen up after that. Good luck!

@cn8191 2 года назад

I am doing pretrial intervention in Texas. I'm 2 month away from completing the program but there was a paper I remember signing that I didn't receive a copy of. I think it somewhat stated something like I cant have my arrest expunged. Is this typical for the diversion program? How will this affect me, will the arrest always be there but I just wont have the criminal charge? Also since my case will be dismissed will I still be able to travel into Canada?

@GustitisLaw 2 года назад

I don’t know anything about the immigration consequences of this situation. If your case is dismissed after completing the PTD program, the arrest records can possibly be dismissed if you meet all the requirements for Expunction.

@geraldcharles307 4 года назад

How do you reverse all that you said about plea agreement?

@GustitisLaw 4 года назад

I don't understand your question. If you are talking about my other video on plea bargaining, I don't think this video "reverses" what I said there. Pre-trial diversion is simply another option to consider if it's offered to someone. Thanks for your question.

@Sarah-rr5uo 3 года назад

@@GustitisLaw I think he meant to ask how he can retract the signed admission to guilt in agreement when entering a program???

@GustitisLaw 3 года назад

@@Sarah-rr5uo If the contract requires a signed confession, he may be stuck with it. The confession is used after the PTD contract goes bad. That's why the contract MUST be fulfilled successfully.

@ryanqutob6213 Год назад

I have a question so i got arrested for 647 b but before that i was arrested on a pc 211 my case got dismissed will i still ve eligible for a pre trial divserion

@GustitisLaw Год назад

I have no idea. I don't know what "647b" is and I don't know what "pc211" is. Ask a local attorney about this.

@ryanqutob6213 Год назад

@@GustitisLaw how don't you know and you are a attorney

@desiree6791 3 года назад

i was charged with shoplifting but I completed a diversion program and i was never arrested, will this show up in background checks?

@GustitisLaw 3 года назад

I don’t know. Please check with defense lawyer who represented you. They are the best person to answer your questions. Thanks.

@Sashaamalia90 4 года назад

How does pre trial diversion work for shoplifting for a class b misdemeanor

@GustitisLaw 4 года назад

The program, if offered by the prosecutor, is a contract where you promise to complete certain conditions and the prosecutor agrees to complete some, as well. I would consult with a local criminal defense attorney to see if pretrial diversion is offered in your jurisdiction. Thanks for your question!

@ronadkins6215 3 года назад

Gustitus law ... councellor, what video next!? I know your busy but can’t wait lol. It was good to hear from you today thx. foley gave me a consult lately. I have to Admit scary shit on me and said that I’m probably gonna spend my life in jail and 5 k For a second opinion if not. Ummm got super appellate lawyer in St. Louie for half that... or appeal for 20 k a fair price I think ..no not Lin... he wouldn’t answer..bless Rittenhouse...But thanks for replying I think you are a prodigy, you kind of remind me of Dustin Hoffman in the movie the Rain Man except your artistic talents is in law obviously. No pun intended we are not worthy in your presence LOL!

@teresabrewer3058 Год назад

Can you purchase a firearm after completing pre trial diversion

@GustitisLaw Год назад

I don’t know. That’s a matter of federal law.

@itsheem4553 2 года назад

How likely are the random urines ? I’m going through the same process for the first time and I’ve been smoking weed for years

@GustitisLaw 2 года назад

Probably monthly. If you continue to use, you will certainly get caught and violate your contract.

@steviepere1822 Год назад

Second degree gun charge while on pti still have to do jail time even if they have solid evidence or they dismiss the charge of completion of pti?

@GustitisLaw Год назад

Your question is confusing. Please rephrase it. In fact, you'll also need to tell me the full terms of the PTD contract.

@steviepere1822 Год назад

@@GustitisLaw gun stoppers was called on me saying i had a gun on me supposedly they were watching me with monoculars and they approached me and said my first name and asked if i had a gun on me i said no and still frisked me and found the gun i was arrested went to a court hearing i was put on pti probation can i fight the case or can it be dismmised on pti?

@Nurseninjarider 2 года назад

Looks like my state says assault ( Homicide.CSC, Robbery Stalking and Larceny From a Person) disqualify for diversion program. I didnt stalk rob kill or commit larceny. It says no violent crimes.... I wonder if I still may qualify...I am hoping I still do? I'm so afraid this relationship will be over if I'm convicted :-(

@GustitisLaw 2 года назад

Pre-trial diversion is a program developed by prosecutors. They have the right to determine what types of offenses are eligible and which ones are not.

@asteroidsnake6897 Год назад

How do I get a pre trial diversion

@GustitisLaw Год назад

First, the prosecutor’s office must maintain such a program. Second, you ask for it and see what happens.

@mauriciomedeirosesteves9037 4 месяца назад

participate in a green card program like eb3? or will my record be tarnished?

@crazygamez4680 Год назад

Mr i am a first time offender i was pulled over for fake plates and then had my vehicle searched beacuse of mj smell i also had two thc pens the officer asked me if i knew they were illegal when i bought and i said yes beacause i was scared and just wanted to be honest my attorney says i may qualify for this program my question is if i dont qualify will i for sure do time in prison im 18 years old and i wanted to go to the military but now im really stressed out he charged me with 3rd degree felony and a class b misdemeanor

@GustitisLaw Год назад

Take your attorney's advice. They know better than me how to advise you. Good luck.

@RE2theNO 5 лет назад

I am facing a simple possession marijuana charge. I am 23 years old, a first-time offender and have never been in any type of legal trouble whatsoever. Is there any information you can give me about requesting a pretrial diversion in Tennessee?

@GustitisLaw 5 лет назад

Pre-trial diversion is handled differently in every jurisdiction. Some jurisdictions may offer it while others don't offer any programs at all! The best way to answer your question about programs in Tennessee is to discuss your case with an attorney in the county where your case is pending. Thank you for visiting and for your question.

@themedic4050 4 года назад

What if you were accuses of embezzlement/ misappropriated public funds say 30K and the defendant has many area's where training for the management of the money was asked for and then denied.? Say , public money and the state tax office did their audit and found 30K taken out in credit cards or cash when checks weren't available but needed and missing receipts to some of the money by another employee who admitted to throwing away the receipts by accident. Much of the money went to labor repairs and materials to the state building.

@GustitisLaw 4 года назад

Remain absolutely silent. Speak to no one and answer no questions about the case. Then immediately hire the most experienced defense attorney you can afford. Let the attorney navigate you through this process.

@NvmRell 8 месяцев назад

Thanks Pre-Ma💚📲🎧

@GustitisLaw 8 месяцев назад

Would that be "prima donna?"

@TaliiPlays Год назад

I was charged with 1. BATTERY-FAMILY VIOLENCE MISDEMEANOR 2. SIMPLE BATTERY FAMILY VIOLENCE 3. CRUELTY TO CHILDREN 3RD DEGREE 4. CRIMINAL TRESPASS Do you think I will get time for these charges i they put me out of PTI today for telling them my living situation I was just asking them to consider me being 20 years old homeless and with 2 kids into consideration moving forward apparently she didn’t like that and told me to contact my public defender what do you think will happen??

@GustitisLaw Год назад

Only a defense lawyer familiar with all the facts and circumstances can answer your question. Since I have no idea, it's impossible for me to say. Thanks for your question, nevertheless.

@albertsantiago40 3 года назад

Hey so i have PTI on a DV getDismiss and i get to join the military

@GustitisLaw 3 года назад

That depends on the contract you signed to obtain pre-trial diversion. What does it say about dismissing the case?

@samueltaylor3495 16 дней назад

I'm scared of what the courts may do to me even though I'm innocent will the truth in your opinion come out in court with a public defender or should I try to get a personal lawyer which I don't have the money for my question is can I trust my public defender to find out the truth in trial

@Kinkjo 4 года назад

Does it work for petty theft

@GustitisLaw 4 года назад

Whether pretrial diversion is available depends upon the prosecutor handling the case. They are the people who developed and administer the program.

@sponsoredbythebud5751 5 лет назад

if I complete all my terms of the diversion program will they make me do a drug test in court at the Dismissal

@GustitisLaw 5 лет назад

Random UAs are typical of a pretrial diversion program. I’d refer to the specific terms of your contract to answer your question. In fact, consider asking the person who is supervising your contract to be absolutely sure. Good luck and thank you for the question.

@amirabnbmousa4087 4 года назад

How long to clear

@GustitisLaw 4 года назад

@@amirabnbmousa4087 That depends upon your state law. I am only familiar with Texas law.

@amirabnbmousa4087 4 года назад

@@GustitisLaw thanks

@mariopuzo4509 4 года назад

More than likely.if u think or know you will fail,I'd suggest quitting immediately get some written statements from legit sources saying how ur doing things to better yourself and this was just a slip up. Consider telling them before they say they're going to piss test u. I checked in and called whenever I went anywhere and always kept my ppl updated...good on my is in treatment- never had to take one for pretrial. In ur case...yes. id bet on them doing it. I Kno that sucks to hear...but it's real. Good luck