Houston DWI Attorney throwing darts at DIVERT Program
Posted By Herman Martinez on Sep 25, 2009 4:27pm PDT
I had a frustrating this week dealing with prosecutors that are handling some of my DWI cases. The frustration is really not aimed at them, but at the lack of uniformity with the DIVERT program. For instance, in one court the prosecutor's position was that my client had to be in this country legally to qualify for the program. Later, a prosecutor in a different court said that that a different client needed to be a legal resident of the United States in order to qualify. The distinction is not that obvious, but it is a significant difference. There are a fair amount of people that are in the United States legally through a visa or work permit in this country, but are not legal residents. That leaves those people in "pretrial limbo" until the Harris County District Attorney's Office decides what their position is going to be when it comes to this class of defendants. As a Houston DWI Lawyer, this lack of uniformity makes it difficult to properly advise my clients.