What Is the Pretrial Intervention Program in Texas? 2025

If you are charged with a crime in Texas, you could face serious consequences. Depending on your crime, you could serve jail time, pay fines, or face other penalties. Currently, in Texas there is a program in place to help certain accused individuals avoid criminal charges, which is called the Pretrial Diversion Program. However, what is the Pretrial Intervention Program in Texas?

Experienced Legal Defense for Common Criminal Charges in Texas

The crime rate in Texas has decreased by 7.2% from 2022 to 2023 for violent crimes and 3.3% for property crimes, according to the most recent Texas Department of Safety Data. However, the total number of crimes committed is still substantial, with a rate of 395.4 violent crimes and 2,275.7 property crimes per 100,000 people in 2023. At Robuck Morgan Law Firm, PLLC, we have extensive experience providing legal defense for the following crimes:

• Assault
• Drug offenses
• DWI
• Theft
• Robbery
• Sex crimes
• Weapons crimes
• First-degree felonies
• White collar crimes

What Is Pretrial in the Criminal Process?

The criminal process in Texas, much like other states, consists of several main steps, which include:

• The arrest. The arrest is the first phase of the criminal process in which an offender is taken into police custody once they have been accused of a crime.
• The initial appearance. During the initial appearance, the judge informs the defendant of the charges brought against them.
• The arraignment. The defendant is formally charged and enters into a plea of guilty, not guilty, or no contest.
• The preliminary hearing. In this phase, the judge determines if there is probable cause to prosecute the defendant for a crime.
• The indictment. During indictment, the defendant is formally accused of a crime.
• Plea bargaining. Provides an opportunity for the defendant to negotiate their charges based on a specific plea.
• The trial. At trial, the judge formally examines the evidence presented by both the prosecutor and the defense attorney.
• The verdict. The verdict is the final decision the judge makes in whether the defendant is guilty or not guilty.
• Sentencing. The formal punishment for the crime may include jail time, fines, or other forms of punishment.

Pretrial is any phase before the trial in the criminal process. The standard of proof in a criminal trial is “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. During the pretrial process, a probation officer may conduct an investigation and deliver the results to the judge to determine if there is evidence beyond a reasonable doubt that a crime was committed. Another part may be determining if the accused should be released or held until their trial date.

Texas Pretrial Intervention Program

The Texas Pretrial Intervention Program works to help certain arrested individuals avoid the traditional criminal process by taking part in a program administered by the local District Attorney’s Office. Participants may join the program at any phase before the trial, except after the arrest, and successful participants could avoid criminal charges.

Requirements for the Program

There are certain requirements that must be met to successfully enroll in the program. However, the following individuals may not be eligible:

• Offenders whose cases fall under federal jurisdiction
• Offenders with two or more felony convictions
• A former or current public official accused of a crime that violates public trust
• Offenders accused of a crime that violates national security or foreign affairs

Objectives of the Program

The primary objective of the program is to provide accused or arrested individuals the opportunity to evade criminal charges that could stain their permanent record. These charges could prohibit them from obtaining job opportunities, educational opportunities, licensing, or other opportunities. In addition to the main objective, the program also aims to:

• Prevent further criminal activity
• Preserve integral judicial resources
• Provide restitution to victims of crimes
• Limit the duration of supervision to no more than 18 months
• Avoid the stigma and related consequences of a criminal record

As of July 2024, there are seven graduates of the program, with 70 that are currently enrolled, according to a Hays County, Texas report.

How a Lawyer Can Help

A skilled criminal lawyer may be an integral asset in helping accused offenders enroll in the Pretrial Diversion Program. Your lawyer may be your biggest advocate for convincing the judge that you should enroll in the program instead of facing serious criminal charges. Lawyers present evidence to the judge, negotiate with the District Attorney, and help you remain compliant if you are successfully enrolled.

FAQs About Pretrial Intervention Law in Texas

What Is a Pretrial Intervention Program in Texas?

The Pretrial Intervention Program in Texas, also called the Pretrial Diversion Program, is a program administered by the local District Attorney’s Office as an alternative method to facing criminal charges. Candidates may be enrolled at any phase before their trial, with the program primarily being for individuals accused of low-level crimes.

How Long Is the PTI Program in Texas?

The length of the program depends on the offender’s specific case as well as the court’s discretion. While the program should not last longer than 18 months, the minimum time period is typically six months. Other factors that may contribute to the program’s length include whether the crime was a misdemeanor or felony, the offender’s criminal history, and the lawyer’s ability to negotiate and advocate, among other factors.

How Does PTD Work in Texas?

The Pretrial Diversion program in Texas works by helping certain offenders avoid the criminal justice process by enrolling in an alternative program for federal cases. The offender, along with their attorney, must apply to the program, and they may be granted an alternative to criminal sentencing or a sanctioning alternative such as community service or probation.

Who Is Eligible for the PTI Program in Texas?

Most non-violent, first-time offenders are eligible for the PTI Program, though eligibility is determined by a judge. Certain individuals are not eligible, and they include those whose cases fall under federal jurisdiction, those with prior felony convictions, public officials accused of certain crimes, and those in violation of national security.

Contact Robuck Morgan Law Firm, PLLC, Today

The team At Robuck Morgan Law Firm, PLLC, we have years of experience providing legal defense for a range of clients. In some cases, we can advocate for your enrollment in a Pretrial Diversion Program. Contact us today for a consultation.