QUESTION
Can I get out of the diversion program if the judge signed the DISM on my case?
Asked on Sep 06th, 2011 on Criminal Law - Texas
More details to this question:
I have had a class b misdemeanor that I have been battling for a while. Several months ago they put me on a pretrial diversion program. I got to looking at the last case reset form and under the setting reason they checked "DISM" and the judge signed it. Does that mean that this was an accident or was that supposed to be checked? I was wondering if she did check DISM then maybe the case could be closed because the judge signed it and I could get out of the remainder of my diversion.
2 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You signed a contract to be on pretrial diversion for a specific period of time. At the end of that contractual time period, if you have done everything that is required under the contract and have not gotten into additional trouble, the case will be dismissed. In the meantime, the case is pending. You have a reset sheet resetting the case from the time you entered into the contract to the ending date of the contract when you must return to court to get the case dismissed. (If you do not show up on the dismissal date, despite having served all the terms and being eligible, a warrant will issue for your arrest for failing to appear in court.) Nice try to get out of the obligations of a contract that you were lucky to get in the first place.
Answered on Sep 12th, 2011 at 6:18 AM
3 Awards
It depends. Some counties sign the dismissal while you are on diversion. Some don't sign until you're done. Best to hire an attorney and let him/her check into it.
Answered on Sep 09th, 2011 at 1:40 PM