What is Pre-Trial Diversion in Denton County

Denton County has a program wherein a person may be eligible to have their charge Dismissed through a program called Pre-Trial Diversion. Pre-Trial Diversion (or “PTD” as it commonly referred) is the specific name of a probation-like diversionary program offered by the Denton County District Attorneys Office for certain individuals, and certain cases.

To be eligible, a person must not have criminal history of any kind (most Class C offenses and Juvenile matters will not affect the person’s eligibility), and must never have participated in a diversion-type program in any county before. Additionally, the alleged offense must be a “lower-level offense.” Generally, felonies and more serious misdemeanor charges will not be considered for the Pre-Trial Diversion program.

Advantages of the PTD program

The most important advantage of being submitted for, accepted, and completing the Denton County Pre-Trial Diversion program is that upon completion of the program, the charge will be officially Dismissed by the District Attorney. This will allow the person to then file for an Expunction and have all records relating to the arrest and charge permanently destroyed.

Who can and cannot Apply for the PTD program

Common charges wherein a person’s attorney may petition the Court for consideration into this program include:

– Possession of Marijuana

– Theft

– Criminal Mischief

– Criminal Trespass

– Prostitution

– Evading Arrest (on foot)

– Reckless Driving

Common examples of charges which will not be considered for PTD include:


– Assault

– Weapons charges

– Delivery of Substance charges

– Most Felonies

** Please note that neither of these lists are in any way exhaustive, and there are always exceptions to the eligibility guidelines for this program. It is important to note that an attorney is required for consideration into this program, as the DA will not begin the application without counsel filing the proper paperwork and beginning the process. In addition, during the application and consideration process for PTD, there will be several steps where an attorney is necessary. An experienced defense attorney will walk a person through this process, and assist them at every step. They will assist the

person with the paperwork he or she must complete, and prepare and assist them for the interview which will be conducted by the probation department. It is important to have a local attorney who has dealt with the processes specific to Denton County in order to ensure everything runs as it should. Tony Ross and Ross Law Offices have extensive experience with the Pre-Trial Diversion program, and will ensure that every case which may be eligible for the program is handled appropriately. Our office is located across from the Courthouse in Denton, and we thoroughly know every step necessary to provide every advantage to the people we represent.

Remember, every case is different. The information provided herein is only general information, and should not be construed as specific legal advice of any kind. In addition, this information should not be construed as a substitution of legal counsel from a competent DWI attorney in your specific jurisdiction.

Please feel free to contact us if you have specific questions or comments about a case in which you are involved.

Ross Law Offices, PC

940-230-2400 www.RossFirm.net