What pretrial diversion or drug court programs exist in Texas?
Texas blends prosecutor-controlled PTI with statutory deferred adjudication and a robust specialty-court system.
1. Pretrial Intervention / Diversion (DA-Run). Each Texas county DA runs its own PTI under Gov't Code § 76.011. Eligibility is usually first-time, non-violent, restitution-payable cases. Fees up to $500 (art. 102.012). Completion results in dismissal.
2. Statutory Deferred Adjudication / Judicial Diversion. Tex. Code Crim. Proc. art. 42A.101 authorizes deferred adjudication community supervision: defendant pleads guilty/no contest, judge defers a finding, places defendant on probation; successful completion = dismissal, no conviction. Not available for some violent offenses (art. 42A.102) or repeat DWI.
3. Drug Court. Tex. Gov't Code Ch. 123 authorizes drug court programs; art. 102.0178 imposes a $50 program fee. Required in counties over 200,000 (Gov't Code § 123.003).
4. Veterans Treatment Court. Tex. Gov't Code Ch. 124 authorizes Veterans Treatment Courts for justice-involved vets with service-connected conditions.
5. Mental Health Court. Tex. Gov't Code Ch. 125 authorizes Mental Health Court Programs for defendants with mental illness/intellectual disability.
6. DWI Court. Tex. Gov't Code Ch. 123 also covers DWI courts; common for repeat offenders with ignition interlock under art. 17.441.
7. Youthful Offender / First Offender. Tex. Gov't Code § 411.0735 covers nondisclosure for deferred adjudication; "second chance" Class C orders under art. 45.0541.
8. First-Time-Offender Statute. Tex. Gov't Code § 411.072 (mandatory nondisclosure for certain misdemeanors); art. 55.01 governs expunction after dismissal.
9. Effects. Deferred adjudication is not a conviction under Texas law but appears on background checks until sealed (nondisclosure) or expunged. It still counts as a conviction for some federal purposes (e.g., immigration, firearms under 18 U.S.C. § 922).
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; USAO-controlled; uncommon in the five Texas federal districts.
This is legal information, not legal advice.
- You are offered deferred adjudication and need to weigh nondisclosure timing vs. straight probation
- You face a second DWI and may qualify for DWI court rather than jail
- You are a non-citizen because deferred adjudication can still trigger removal under federal law
- Tex. Code Crim. Proc. art. 42A.101
- Tex. Gov't Code Ch. 123
- Tex. Gov't Code Ch. 124
- Tex. Gov't Code Ch. 125
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.