If you are a first-time offender in Tarrant County, you may qualify for a Pretrial Diversion program! Pretrial Diversion Programs are an alternative to prosecution which seeks to divert certain offenders from criminal proceedings into a program of supervision and counseling. When the diversion program is complete, the case is dismissed. Once the case is dismissed, an expunction can be filed immediately in some cases or after a wait period in other cases. For more information on an expunction click here.

Tarrant County Diversion Programs include:

Deferred Prosecution Program. Deferred Prosecution Program, also known as DPP, is available for youthful offenders, age 17 to 24 at the time of the offense, who have not been previously convicted of an offense, and who are willing and able to rehabilitate themselves. For more information on DPP click here.

Veterans Court Diversion Program. The Veterans Court Diversion Program is a diversion program for Justice Involved Veterans who are currently facing prosecution for one or more criminal cases. The program offers offenders a treatment option that is judicially supervised. For more information on Veteran's Court click here.

On September 1, 2019, the Texas Legislature passed a bill making it possible to receive Deferred Adjudication for a first time Driving While Intoxicated offense if they qualify. Once the person completes the deferred adjudication period the case is dismissed! Just because a case is dismissed does not mean it disappears! There is still a record unless a Judge signs an Order of Non-Disclosure. The Non-Disclosure can take place after the second anniversary of the completion date of the deferred adjudication community supervision period.

Can I get Deferred Adjudication for All DWI Charges in Texas?

A Driving While Intoxicated offense will not qualify for Deferred Adjudication if at the time the driver:

• Has a commercial driver’s license
• Involves a blood alcohol content of .15 or more
• Two or more Driving While Intoxicated arrests
• Driving While Intoxicated with Child Passenger
• Flying While Intoxicated
• Assembling or Operating an Amusement Ride While Intoxicated
• Intoxication Assault
• Intoxication Manslaughter

Will the ignition interlock device be installed on my vehicle as a condition of deferred adjudication?

Most likely YES. If a judge grants Deferred Adjudication community supervision for a Driving While Intoxicated than the Ignition Interlock Device will most likely be a requirement of the community supervision period. But the Judge may waive the interlock requirement if, after a substance abuse evaluation, the Judge determines that requiring the interlock is not necessary for the safety of the public.

If you do not have a gold star, you may not be able to use your Texas driver’s license or identification card at the airport! The Real ID Act begins October 1, 2020 and only state-issued driver licenses and identification cards that are fully compliant with the REAL ID Act will be accepted for official federal government purposes such as boarding domestic flights.

The Texas Department of Public Safety website explains how the Real ID Act will impact Texas residents. Below are some of the questions and answer provided by the Texas Department of Public Safety. The link to the website is at the bottom of this page.

What is REAL ID?

REAL ID is a coordinated effort by the states and the federal government to combat terrorism, identity theft, and other crimes by strengthening the integrity, accuracy, and security of the driver license and identification card issuance process.

With the legalization of marijuana for recreational and medicinal purposes spreading across the country, more and more employers are conducting drug tests, but could CBD cause you to fail one?

In a perfect world, Cannabidiol (CBD) shouldn’t cause you to fail any random or scheduled drug test either at work or undertaken by law enforcement.

That’s in a perfect world. In the imperfect world we live in, many common CBD products contain trace amounts of tetrahydrocannabinol (THC). If enough THC is present in the CBD product you consume, it could lead to a positive indication on a drug test.

This means that in extremely rare cases taking enough CBD could lead to a positive indication, but that depends a lot on the quality of the product and its composition.

UPDATED July 18, 2019

Possession of Brass Knuckles will be legal on September 1, 2019

For years, the Texas penal codes prohibited possession of “brass knuckles” (including plastic self-defense keyrings often shaped like animal heads) and classified the offense as a Class A Misdemeanor. That meant people in possession of brass knuckles faced up to one year in jail and a maximum fine of $4,000. But many people argued that in a state that allows open carry of firearms and other weapons, that punishing brass knuckles seemed disproportionate.

After the bill allowing the possession of brass knuckles was carried unanimously in the state House of Representatives and state Senate, Governor Greg Abbott signed HB 446 into law this May. Republicans and Democrats reached across the aisle to make the bill a reality, citing the importance of self-defense and personal protection and the history of Texas encouraging this freedom.