As predicted and expected, Harris County DA's office using DIVERT interview against defendants
Last week I spoke with one of our elected Harris County judges and expressed my concerns about the evaluation interview regarding the DWI DIVERT program. I explained to this Judge that I was concerned about the interviewer asking my client about the alleged DWI facts and the responses that were given. My concern then was that the Harris County DA's office would use this information in the prosecution of the case if it went to trial.
I asked the chief prosecutor in that court (who I trust implicitly) if she would use the information from the DWI interview in the prosecution of my client. She responded that she would not use the information from the interview against any client in any subsequent prosecution of the case should client decide not to accept the DIVERT program. For the record, I believe her and have no doubt that she would not use this information against my DWI client.
I then asked if I could get the agreement (not to use the information) in writing. After consulting with the higher-ups, they were not willing to sign a written agreement. Therefore, we did not agree to be interviewed for the DIVERT program.
Fast forward to today. A Houston DWI lawyer informed me today that he had basically the same conversation with the Harris County District Attorney's office. They assured him that they would not use any information against his client that was obtained in the interview for the DIVERT program. Even though the DA's office told him his client was a good candidate for the program, after the interview for the DIVERT program the DA's office declined him for the program. And guess what, the DIVERT interviewer sent over a detailed statement given by that client to the prosecutor in the court. Essentially they sent a confession over.
Again, the pitfalls of the DIVERT program are exposed.
