Here is the Pre-Trial Diversion conversation I predicted was coming
I was in court this morning and the Assistant Harris County District Attorney that I dealt with gave me insight into the new DIVERT program and confirmed to me that there will be fewer dismissals of Houston DWI cases, at least temporarily.
Here is the gist of the today's conversation about one of my innocent clients that was charged with DWI:
Me: Have you had a chance to evaluate this case for trial?
Prosecutor: Sure, your client is eligible for pretrial diversion.
Me: Sure he is, he has never been in trouble before. But, have you evaluated this case for trial?
Prosecutor: He is eligible for the new DIVERT program.
Me: I understand he meets your qualifications, but have you evaluated the case for trial. My client is not interested in doing the DIVERT program.
Prosecutor: Why wouldn't your client do the pretrial diversion program.
Me: Have you watched the video in this case that shows my client is not intoxicated and does not comport with what the offense report says?
Prosecutor: The new program will allow your client to get his case dismissed.
Me: Again have you seen the video?
Prosecutor: No because your client can do the pretrial diversion program.......
This went on for a few more rounds until it seemed to finally sink in to the prosecutor that my client is not going to participate in the new DIVERT program. Only then did she agree to watch the video and evaluate the case for trial.
Is it too much to ask to have them evaluate the case for trial and have them actually do that? Do the prosecutors really want innocent people pleading guilty to a crime (requirement of the pretrial diversion) that they are not guilty of? Do they want the police officers to be the person that arrests the citizen, inaccurately reports about that citizen and then ultimately convicts the citizen? Do the prosecutors want to use the education they received to actually evaluate theses cases?
