Getting a Criminal Case Dismissed

Just because you’re charged with the crime, doesn’t mean you’ll do the time. In fact, while this article is specific to Travis County, The Adamo Law Firm has applied similar principles to get client’s cases dismissed across Texas. Have your criminal case dismissed!

Can a Criminal Case be Dismissed?

You bet! Keep reading to learn how to have your criminal case dismissed.

  1. Legal Reason (e.g. unlawful stop, search, or seizure, State unable to prove case beyond a reasonable doubt);
  2. Witness Problems (e.g. missing witness, out-of-state witness, suspended witness, uncooperative witness);
  3. Mitigation Reason (e.g. no prior criminal history, young (or old), immigration consequences, employment consequences, financial consequences, license consequences, mental or physical health issues, motive);
  4. Class + Dismiss (anger management class, decision making class, drug class, theft class)
  5. Diversion or Intervention Program
  6. Exceptional Lawyering (persuasion, no-bill, independent investigation);
  7. Lucky (case lost in the system, arresting officer retires and becomes rapper).

Travis County Pretrial Diversion or Intervention Program

Pretrial diversion (i.e. PTD) includes specialty courts, TCDA supervised diversion, and probation supervised diversion. This policy provides for diversion opportunities with varying degrees of intensity with respect to programmatic requirements and supervision levels. The different programs have requirements that reflect the needs of the individual defendant. Requirements can include supervision, treatment, classes, or restitution. Some of the options involve the payment of program fees or tuition fees for classes. However, the inability of a defendant to pay these fees will not disqualify them from PTD nor will non-payment be a reason for unsuccessful discharge from the program. If you successfully complete the program you will have your case dismissed.

Different Travis County Diversion Options?

There are three diversion tracks available in getting your criminal case dismissed.

1) Specialty courts

This track includes specialty courts including Mental Health Court, DWI Court, Veterans Court, Drug Court, and the Youthful Offender Program. Certain requirements must be met to be eligible for any of the above-listed specialty courts.

2) TCDA supervised PTD

Cases in this track are monitored internally for a fixed period of time, typically 3 to 6 months. Defendants may be required to take a class and/or pay restitution. Once they complete the program, the criminal case is dismissed.

3) Probation supervised PTD

This track requires defendants to report regularly to a probation officer and pay a $60/month supervision fee. The defendant may be required to complete 1 or more classes, participate in substance abuse treatment, pay restitution, or complete other requirements. The program is for up to one year depending on the classes or other requirements to be completed. Similar to the the other programs, once successfully completed you will have your criminal case dismissed.

What cases are eligible for pretrial diversion?

Any case can be considered for pretrial diversion. Certain cases are “presumptively eligible” for diversion. These include most drug possession cases and property crimes. Going forward, presumptive diversion cases will be sent for diversion review automatically. Any of those that are determined to be inappropriate for diversion will be returned to the original court for traditional prosecution. For cases that are not automatically reviewed, Travis county defense attorneys can submit the case to be considered.

What are the chances of my case getting dismissed?

Every case is different, but as you can see there are a laundry list of ways your can have your criminal case dismissed. With a dismissal rate eight times the national average, if your case should be dismissed, The Adamo Law Firm is confident it will find a way to have your case dismissed.

THE ADAMO LAW FIRM HAS RECEIVED DISMISSALS IN ALL TYPES OF CRIMINAL CASES

DWI – BWI – DRUG – ASSAULT – SEX CRIMES – MURDER – MISDEMEANOR – FELONY

Have Your Criminal Case Dismissed