In Texas, each county determines how its pre-trial diversion programs will be administered.
The details of these programs will vary greatly from county to county, Section 52.031 of the Texas Family Code authorizes the juvenile board of each county to establish a first offender program to dispose of certain cases without a referral to juvenile court.
Deferred prosecution is contemplated by sanction level two of the Progressive Sanctions Model which states a child may be placed on a period of deferred prosecution by: (1) the probation department, (2) the prosecuting attorney, or (3) the juvenile court.
In this case, the client had already been placed on deferred adjudication once before but never completed the program.
She had been charged with assault for being the first one to swing during a fight spurred on by school bullies that relentlessly taunted her each day.
The client came in with a new assault charge based on similar circumstances and despite having a previous assault offense our attorney was able to negotiate a level two rather than level three adjudication and a 6-month deferred probation with the state.
Our attorney is very proud of how the client and her family have dealt with all of this and he’s excited to see her finish out this deferred program to put this all behind her.
– February 2022