Collin County

After an arrest, the filing agency (usually the police department that made the arrest) files their case with the DA’s office.  The DA’s office in turn files misdemeanor cases with the trial court or if the case is a felony with the grand jury. Once the case has been assigned to a trial court, the defendant’s attorney can request the case be considered for the pre-trial diversion from the prosecutor.  If the trial court prosecutor approves, they send it through several channels within the DA’s Office.  If those get approved as well, the accused is invited to meet with the probation officer to enter the program.

 If you are convicted of the crime, that conviction will be on that person's record forever. Yes, that's right, forever! A conviction can result from either:

 1)         By pleading guilty to an agreed plea bargain deal (not deferred adjudication); or

2)         By taking the case to trial and losing.

 There is only one way to get a criminal charge completely off your record is by “expunction”, which is a district judge signing an expunction order that requires that any agency that has records pertaining to subject person's arrest to destroy all records. Eligibility for expunction is discussed at this link. Dismissals are rare and trials can be very risky-even if a person has a very good case, there is certainly no guarantee the case can be won at trial. An expunction is not easy to get.

 Greg Willis, Collin County District Attorney, uses a Pre-trial Diversion Program that is a deferred prosecution program available in certain misdemeanor cases (DWIs are not eligible for pre-trial diversion) where the individual charged with an offense has no prior criminal history. What deferred prosecution means is that the case will be removed from the normal court process and the individual placed into a non-court-ordered probation program AFTER PLEADING GUILTY to the charges.

 The program begins when you meet with your lawyer and discuss your criminal history and review the case. You must obtain a lawyer to apply for this program. Prosecutors are given general guidelines for the Pre-Trial Diversion.  While the program is still not open to DWI or domestic violence cases, felony offenses are now available for the program.  Prosecutors have been instructed to scrutinize cases where there may be impaired driving that falls short of driving while intoxicated — which may include drug arrests in cars. The District Attorney's Office will refuse to submit an individual into Pre-trial Diversion without the person being represented and advised by a lawyer and attorneys must request you be considered for the program. If the District Attorney's Office approves you, then you are set up for the Pre-trial Diversion Program interview with the Probation Office This interview does two things: (1) screening out habitual offenders and individuals with serious drug use, and (2) securing an affidavit which admits guilt of the alleged offense-- Once accepted, the individual will agree to a supervised probation term with standard terms and conditions. The program will take about a year to complete and is similar to standard probation.

 Finally, the best benefit of all to the Pre-Trial Diversion program is that for the first time, the DA’s office promises the accused in writing that if they successfully complete the program, they agree to dismiss the case and never refile it.  This bar to prosecution makes expunging the arrest more clear and immediate.


DWI/Drug Court Handbook

DWI/Drug Court Contract and HIPPA Consent Form

DWI/Drug Court Orientation Check List

DWI/Drug Court AA/NA/Self Help Form

DWI/Drug Court ODL Instructions

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