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Denton County Pretrial Diversion PTD

Denton County Pre-Trial Diversion Program (PTD)

By Diversion Program

Pre-Trial Diversion (PTD) Denton County, Texas.  A Second Chance for First-time Offenders.

Denton County Pretrial Diversion PTDWhen someone is charged with a criminal offense and is experiencing their first encounter with the criminal justice system, the process can be daunting. A first-time offender typically has two primary concerns: 1) Will I go to jail? and 2) Can I keep this offense from going on my record?

While there may be options available to keep a conviction off of a person’s record, the goal for most first-time (and one-time) offenders is to land in a situation making it possible to erase all records related to the arrest from existence. Under State law (Texas Government Code 76.011), counties are allowed to establish pre-trial diversion programs. Upon successful completion, these programs allow for certain first-time offenses to be discharged and ultimately expunged from an individual’s record.

Thankfully many counties across the State take into consideration the fact that a person has no prior history and may have just made a one-time mistake. Denton County, Texas is no different. First-time offenders that have been arrested for certain non-violent offenses may be eligible for a pre-trial diversion program in Denton County.

Eligibility for Pre-Trial Diversion in Denton Texas

To be eligible for a pretrial diversion program in Denton County, Texas an individual’s case must meet the following criteria:

  • The individual must be employed or enrolled in an accredited school
  • The individual charged must admit to guilt of the offense and accept responsibility
  • The individual must have had no prior arrests
  • The individual must report monthly to a probation officer
  • The individual cannot commit any new offenses and must abstain from the use of illegal drugs and alcohol

Also, ultimate discretion to allow a person to participate in a pre-trial
diversion program rests solely with the District Attorney. The District Attorney must approve of each applicant even if all criteria are met.

How Pre-Trial Diversion in Denton County, Texas Operates

Individuals participating in the pre-trial diversion program in Denton County are supervised by the Denton County Community Supervision Department (DCCSD). Individuals must pay a monthly supervision fee. DCCSD can and will tailor each program to each particular individual. A person may be required to participate in additional classes, community service or other rehabilitative programs as a result of his or her participation in the program. In addition, if any restitution has been assessed in favor of the victim in a case, repayment of that restitution could be made a condition of the program as well.  Typically, PTD lasts 12 months, but in some cases, it can be extended to 18 months.

Exceptions for Admission into the Denton County PTD Program

Because the District Attorney has ultimate discretion on allowing a person into the pre-trial diversion program, even a person who does not meet the minimum requirements may be allowed to enter into a pre-trial diversion.

The Final Result of Successfully Completing a Pre-Trial Diversion in Denton County, Texas

Upon successful completion of the Denton County Pre-Trial Diversion program, the District Attorney files a Motion to Dismiss the case and the case becomes eligible for an expunction.

FORT WORTH

Primary Location
930 W. 1st St., Suite 202
Fort Worth, TX 76102
817.993.9249

KELLER

*By Appointment Only
204 S. Main St #195
Keller, Texas 76248
817.482.6770

Juvenile Sex Crime Diversion Tarrant County

Project SAFeR: Juvenile Sex Crime Diversion Program in Fort Worth

By Juvenile

Treatment without Labels: An Effective Program for Juveniles Charged with a Sex Crime in Tarrant County

Juvenile Sex Crime Diversion Tarrant CountyImagine this: You receive a call out of the blue from a detective telling you that he is investigating your 11-year-old son for sexually touching your 6-year-old niece. How do you protect your young son who is being charged with Aggravated Sexual Assault of a Child? How do you choose between helping your son and helping your niece? Is there any way to get them both help without prosecuting your son? Will your son be labeled a sex offender for the rest of his life? Is there any way for your extended family to work this out?

While this may seem far-fetched, it happens more than you think. Fortunately, there is now a program in Tarrant County that can help without destroying the life of either child involved. It is called Project SAFeR.

What is Project SAFeR?

Project SAFeR (which stands for Safety and Family Resiliency) is a program in Tarrant County designed to help youth with problematic sexual behaviors who are between the ages of 7-12. There are three components to the program: legal, supervision, and counseling. The program, which started in July 2015, was created through a collaborative effort of Lena Pope Home, Alliance for Children, Tarrant County District Attorney’s Office, Child Protective Services (CPS), Tarrant County Juvenile Services, and local law enforcement. The purpose of the program is to help the victim, young juvenile, and their families deal with the problem in an effective way so that both children may go on to lead productive lives.

What is Problematic Sexual Behavior?

Problematic sexual behavior is that which is goes beyond what is normal sexual development for a child’s age. It usually involves children who are quite a bit different in age or who are not considered equals due to maturity, size, or other factors. A child with problematic sexual behaviors will act out on another child who is not a willing participant, either through the use of force, threats, bribery, or some other type of coercion or persuasion. Problematic sexual behaviors interfere with normal, nonsexual, childhood interests and behaviors, and usually continue even after a child’s behavior has been discovered and reprimanded.

The Legal Component of Project SAFeR

Because kids under the age of 10 cannot be prosecuted for their actions in Texas, children between the ages of 7-9 who have problematic sexual behaviors, can be referred to the counseling program but will not be required to participate in the diversion or supervision components. For these children, a parent can contact Lena Pope Home in Fort Worth at 817-255-2500 for help (see below for more specifics on the counseling component).

For children between the ages of 10-12, law enforcement and/or CPS will likely be involved to some extent. Many times, these cases will be referred to Tarrant County Juvenile Services and the Tarrant County District Attorney’s Office Juvenile Unit.

In order to be eligible to participate in the legal, or diversion, component of Project SAFeR, the charged juvenile must be between the ages of 10-12. If a juvenile is older than 12, he will be ineligible for the diversion program. Other eligibility requirements for the program are:

  • A multi-disciplinary team must decide that the case is appropriate for inclusion in the program based on the totality of the circumstances. This team screens cases for the program while they are still being investigated by CPS and law enforcement.
  • The victim’s family must agree to the charged juvenile being in the program. If the victim’s family does not agree, this alone will make the juvenile ineligible.
  • A risk assessment, which will be completed by the counselors involved in the program, must show the charged juvenile to be at a low risk to reoffend.

If all of these requirements are met, a juvenile’s case will be filed with the court by the prosecutor. The child will appear before a juvenile court judge and must admit to committing the offense. The judge will make a finding that there is enough evidence to find the juvenile guilty of the offense, but the judge will instead withhold judgement on the issue of delinquency and order the child into Project SAFeR.

If the juvenile successfully completes the supervision and counseling components of the program, the prosecutor will dismiss the case. If, however, the child is kicked out of the program, then he will return to court and will be found delinquent at that time and then will proceed to the disposition, or punishment, stage of the case. A juvenile who successfully completes Project SAFeR will, as a condition of the program, be eligible to have his record sealed upon his 16th birthday.

The Supervision Component of Project SAFeR

The supervision component of Project SAFeR is provided by Tarrant County Juvenile Services. If the child is allowed into the program, he will be assigned a juvenile probation officer who is a part of the Juvenile Offender Unit. The term of supervision will be up to 6 months in length. During that time, the juvenile must complete the counseling component of the program as well as go to school, not commit any new offenses, and obey his parents/guardians. The probation officer will check in on the juvenile, as well as check with his counselor and parents, on a regular basis while in the program.

The Sexual Counseling Component of Project SAFeR

The counseling piece of the program is provided by Lena Pope Home at their Fort Worth location. Both the child charged and at least one caregiver will be required to attend all counseling sessions while in the program. The counseling is once a week (on Monday nights) for 18 weeks.

The juvenile will attend a child’s group at the same time that his caregiver is attending a parents’ group each week. The two groups will be learning the similar material at the same time. So, for instance, during the week that the juvenile is learning the sexual behavior rules, his parent will be learning how to enforce those sexual behavior rules in the home. In addition to learning about sexual behavior rules and appropriate relationships, those in the program will also learn communication skills and stress relief strategies. Both the juvenile and parent must demonstrate that they have learned and are implementing the information taught in order to successfully complete the program. The counseling is provided free of charge to those in the program.

Outcomes and Benefits of Project SAFer

While this program has only been in existence in Tarrant County for a little over a year, it has been implemented in other parts of the country for many years. The program in Omaha, Nebraska, recently completed a 10-year follow-up study on those juveniles who completed their program. They found that of those who successfully completed the program, less than 2% committed a new sexual offense. This is a much lower reoffending rate than traditional sex offending treatment programs.

The majority of those who have been accepted into the Tarrant County Project SAFeR program have graduated. Many of those parents have indicated that the information they learned in the program not only helped them handle their children’s sexual behavior problems, but it also taught them to be better parents in general. The techniques and strategies taught in the counseling component have also been instrumental in helping parents to communicate better and have better relationships with their children. It has brought these families closer together.

Project SAFeR is taking a whole new approach to treating children with problematic sexual behaviors. It starts with NOT labeling or treating them as sex offenders. It approaches the problem from a family-focused point of view and treats it as a serious problem that the family can get through together, as opposed to treating the juvenile as if he is a sex offender who is doomed for the rest of his life. If your child is between the ages of 10-12 and is facing prosecution for a sex crime in Tarrant County, ask your attorney about whether Project SAFeR is the right approach for you and your family.

About the Author

Christy Dunn is a writer and attorney licensed to practice in Texas. She was a prosecutor for 15 years. The last five years of her prosecutorial career was spent in the Juvenile Division of the Tarrant County District Attorney’s Office. She has tried over 20 juvenile cases in Texas and multiple certification hearings. She was part of the multidisciplinary team that created a Project SAFeR.

Tarrant County DWI Court Nekhom

Tarrant County Starts New Misdemeanor DWI Court Program

By DWI

Judge Deborah Nekhom to preside over Tarrant County’s new DWI Court Program for Misdemeanor DWI Cases

Tarrant County DWI Court NekhomTarrant County has many specialty court programs for various types of criminal cases, but for DWI cases, the only specialty program available was limited to felony-level cases – the Felony Alcohol Intervention Program (FAIP). Not anymore. After much debate, Tarrant County started a new specialty court designed for misdemeanor DWI cases (it is not currently listed on the county’s website). The program officially began on March 30, 2016.  Judge Deborah Nekhom in County Criminal Court 4 is the presiding judge over the new DWI Court and she is dedicated to making it a success.

DWI Court is Designed for High-Risk / High-Need Offenders

The goal of the new DWI Court is to identify high-risk DWI defendants and intervene so that they do not end up with a felony DWI down the road. With the help of defense attorneys and clinical specialists, the program seeks to identify defendants with significant substance abuse issues, who are in need of serious help. While the specifics of the program are still being ironed out, our firm has been told that there will be strict oversight and accountability for all participants so that they can have the best chance of successfully completing the program and their DWI probation.

What are the benefits of the Tarrant County DWI Court?

The main benefit of participating in the new DWI Court is that participants will receive the counseling and support they need to overcome their addiction and live a health, productive, alcohol-free and drug-free lifestyle. In addition, some of the following benefits have been discussed and are being implemented:

  • Probation time is reduced after completion of the program, allowing participants to enter into a non-reporting status;
  • Waiver of DWI fines (up to $4,000)
  • No program fees
  • *Dismissal of the underlying DWI charge and allowance for a Non-Disclosure (*this expires on 1/1/17 with changes to the Texas Government Code)

Several other benefits are being considered and are not ripe for public discussion at this point.

How Do I Get a Client into the DWI Court?

If you have a client that would be a good candidate for misdemeanor DWI Court, you should get him or her an assessment ASAP to determine whether they are classified as high-risk / high-need. You should then discuss the option of DWI court with the presiding judge of your client’s DWI case. If, after seeing the assessment, the judge agrees that DWI court is a good option, he or she will transfer the case to CCC4 after your clients enters a plea of guilty to the DWI.

Contact Us for More Information About DWI Court

I realize that this article does not provide a lot in the way of specifics about the new program, but it only started yesterday and there are not a lot of specifics to publish at this point. If you have some questions, our DWI defense attorneys would be happy to answer them if we can. Contact our office at (817) 993-9249.

Texas Broadens Eligibility for Veterans Treatment Courts

By Veterans

Tarrant County Veterans Court Programs | Fort Worth Criminal Defense Lawyers

Texas has more military veterans than any other state. In the wake of the recent wars in Iraq and Afghanistan, many have difficulty transitioning from military service to civilian life. Some veterans suffer from PTSD or Traumatic Brain Injuries and others fall into addiction. Plagued by these ailments, some Texas veterans find themselves in the criminal justice system.

Recognizing a need, Texas has led the nation in addressing veteran criminal issues through special courts. Beginning in 2009, these court were designed to provide treatment and accountability for veterans in an effort to keep them out of the criminal justice system. There are currently 20 veterans courts in the state.

Under current law, which created the veterans courts programs, only veterans who suffer from an injury received while serving in a combat zone or other similar hazardous duty area are eligible to participate in a veterans court. Some veterans that have suffered similar injuries the occurred outside of a combat zone are not eligible despite the fact that the struggle for rehabilitation remains the same.

This has been a point of frustration for Fort Worth criminal defense attorneys who regularly handle cases involving Texas veterans.  We were often met with opposition when trying to admit a veteran to the specialty court program.

New Legislation Expands Veterans Court Eligibility

S.B. 1474, which takes effect on 9/1/15, broadens the eligibility for veteran participation in these special courts. The bill would provide the courts with more flexibility over who was admitted into the program by removing the requirement that any illness or injury have occurred “in a combat zone or other similar hazardous duty area.” There is also another provision that gives courts discretion to admit a veteran if he/she does not fit any of the other categories. Finally, the amendments allow a veteran who is being supervised by a veterans’ court program to transfer counties to another program if desired. These are all good changes that will help veterans and make these specialty courts worthwhile.

See the 2015 Veteran’s Court Update.