Posted on
June 12, 2009 in
The Harris County District Attorney’s Office has not had time to talk to the defense bar about the outlines of the new pretrial diversion program for first-time DWI offenders, but it has had time to talk to the press (enough to convince the Chronicle’s editors, clueless about criminal procedure, to endorse it), and now to the misdemeanor court coordinators. We now know the name of the program (DIP) and some of the guidelines and procedures, but we still don’t know the single thing that will be most important to our clients: when or whether a successfully-completed diversion under the DIP program will be expungeable.
Following, for your commenting pleasure, is one court coordinator’s summary of yesterday’s meeting with the DA’s Office:
_________________________
Many of you have been asking me
about the new DIP program for 1st time DWI offenders. Well here is what was said
at our coordinators meeting yesterday…this is what has been put together
so far (it may change – but for now – here is where Lykos is
at)
Disposition Intervention
Program
- Minimize Court Appearance
during disposition period.- Impose conditions based upon
offender evaluation.- Assure supervision criteria
are uniformly applied.- There will be specific
sanctions- There will be specific
incentives- PO will have ZERO
discretion- No second
chances.Qualifications
- 1st Offender, citizen,
reside in Texas.- NO priors in or outside of
Texas- Wrongful arrest does not
count- Inmate are
elligible- Juvenile or state jail
felonies as a juvenile does not count.Exclusions
- Any juvenile adjudication
for 3rd degree felony or higher- Out of state
resident- Judicial Veto can take
placeDistrict
Attorney Screening Process
- NCIC / TCIC
- Review Pretrial interview
sheet- View Video
- RIP, OR & Accident
reportPre DIP
Events
- DA makes offer
- Defendant agrees to
evaluation (this will include 3 – 4 test ~ Urinalysis, SALCE test, risk /
needs evaluation. (defendant will have to pay for all tests) Once evaluations
are completed – recommendations are made- Defense accepts or
declines- Agreement
signedDIP
Events
- DIP docket
- Plea of guilty to specific
punishments- 12 – 24 month DIP
period- Specific sanctions for
violation- Conclusion: dismissal
or punishment assessed.- Everyone on DIP must have
the Interlock on their car for a minimum of 6 months – if no car then SCRAM
will be ordered.Program
Time Line
- 75 – 90 days from date of
arrest- DIP will last from 12 – 24
months
As of right now ADA’s are starting to screen eligible
candidates.