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If The State Can Prove Everything, Is There Still A Way I Can Get This Theft/Shoplifting Case Dismissed and Expunged From My Record?
Yes! Even if the police can prove every element of theft beyond a reasonable doubt, there is a very chance we would be able to get your theft case dismissed. This could be achieved by securing a conditional dismissal or a dismissal because of a Tarrant County Diversion Program.
First, A conditional dismissal is a way to resolve a case that works much like a contract. The Prosecutor agrees to dismiss your case in exchange for you completing terms and conditions in advance. Your criminal defense attorney must negotiate directly with the prosecutor and persuade them to dismiss the case in exchange for one or many of these possible conditions: community service hours, completion of a theft class, proof of employment, etc.
Second, What about the Diversion Program Options available to you on a theft case. Specifically, in Tarrant County, Texas, there is one specific Diversion program to consider with theft cases.
This program is important for you to consider because completion of a Diversion Program allows for an Immediate Eligibility for Expunction!
Deferred Prosecution Program (DPP) in Tarrant County, Texas - the Deferred Prosecution Program is a diversion program that allows certain theft offenses for admission. The program is designed specifically for first-time offenders with no prior criminal history. There is virtually no supervision involved in the program. It is designed to be a second chance to first-time offenders.
Applicants must not be older than 24 years of age, must not have had a previous juvenile adjudication or adult class b misdemeanor or above offense and must be able to pass a drug test.
There are two tracks available under the Deferred Prosecution Program - Track A is the traditional DPP track and would apply to all theft and theft-related charges. Track A consists of an application, background investigation, orientation and passing of a drug test.
There is a strict 90-day deadline from the filing of the case that must be met to be considered for admission to the program.
A short summary of the DPP Program requirements include:
• Fees
o Track A fee = $125
• Orientation - requires a parent or accountability partner to be present for the 2-hour orientation where paperwork is signed and finalized to begin the program
• Length of Program
o Misdemeanor Drug Crimes - 4 months
o Felony Drug Crimes - 8 months
• Drug Test
Eligible Drug Offense for Consideration of the Deferred Prosecution Program (DPP)
1. Theft and theft of service, where the value is less than $30,000 (Misdemeanor - State Jail Felony)
2. Unauthorized Use of a Vehicle (State Jail Felony)
3. Burglary of a Building (excludes habitation)
4. Burglary of a Coin Operated Machine
5. Credit Card and Debit Card Abuse (State Jail Felony)
6. Forgery (misdemeanor)
7. Possession, manufacture, distribution of instrument to commit retail theft (misdemeanor)
Finally, if you have served in the military, you may qualify for an additional diversion program: the Tarrant County Veteran’s Court Diversion Program.
Veteran’s Court Diversion Program in Tarrant County, Texas
The Tarrant county Veteran’s Court Diversion Program is a diversion program designed exclusively for veterans of the United States military. Additionally, there must be a clinical diagnosis of a brain injury, mental illness, or mental disorder, including Post-Traumatic Stress Disorder that resulted from serving in a combat zone or similar hazardous duty area.
The program requires a program fee of up to $500.00 and may include additional expenses for drug urinalysis, evaluations, inpatient/outpatient counseling and treatment.
The Veteran’s Court Program directly supervises all participants by requiring bi-monthly compliance hearings and making sure each participant is on track for progress through the program. The program length can range from 6 - 24 months. Length is determined by each participant’s needs and or compliance with the program.
0:00 Introduction
0:08 HOW TO GET YOUR THEFT CASE DISMISSED DIVERSION PROGRAMS
1:03 CONDITIONAL DISMISSALS
2:42 DIVERSION PROGRAM DISMISSALS
4:58 BURGLARY OF A BUILDING
5:06 BURGLARY OF A COIN OPERATED MACHINE CREDIT/DEBIT CARD ABUSE, FORGER ETC
5:38 VETERANS PROGRAM
6:41 YOUR CASE IS DISMISSED!