Defending People

the tao of criminal defense trial lawyering

DWI Diversion in Harris County

Mark Bennett | July 16, 2009

Houston DWI attorney Paul Kennedy reports:
A citizen confronted with a first-time DWI will be offered pretrial diversion (if eligible) or 30 days in the county jail. The other option is to ask the judge for probation without a recommendation from the prosecutor.. . . .Said an unnamed source, “the plan is to force people into [...]

DIP. . . Stuff

Mark Bennett | June 12, 2009

The Harris County District Attorney’s Office has not had time to talk to the defense bar about the outlines of the new pretrial diversion program for first-time DWI offenders, but it has had time to talk to the press (enough to convince the Chronicle’s editors, clueless about criminal procedure, to endorse it), and now to [...]

The Rich Pay to Play; Let the Poor Eat Cake.

Mark Bennett | June 6, 2009

My old friend Mr. X, the Deep Throat of the DA’s Office, does not like DA Lykos’s proposal to offer pretrial diversion to people charged with first DWIs. He writes:
Let’s assume the pretrial diversions will be expungeable because the way that Lykos has talked about them they’ll be more like pretrial interventions where charges are [...]

Pretrial Diversion for DWI

Mark Bennett | June 4, 2009

In Harris County, Texas, between January 1, 2009 and May 31, 2009:

3,166 DWI defendants pled guilty or no contest.
1 defendant pled not guilty to the judge and was convicted.
38 people pled not guilty to juries and were convicted.
22 people pled not guilty to juries and were acquitted by jury verdict.
6 people pled not guilty to [...]