How Can I Get My Case Dismissed If I Am Guilty?
Posted on Apr 2, 2012 1:51pm PDT
The way people are treated when they are arrested in Houston, Harris County, Texas leads them to believe that they are guilty until they can prove their own innocence. Luckily, this is not the law in the criminal justice system despite beliefs to the contrary. Since most criminal cases do not go to trial, innovative ways need to be developed by a criminal defense attorney to get a get case dismissed or prevent a person from getting a permanent conviction on their record. One of the main ways a person is able to prevent a conviction is by obtaining a deferred adjudication. A deferred adjudication is a form of community supervision or probation that prevents a conviction from becoming final on a person's record. Once a person successfully completes the deferred adjudication they may petition the court for a non disclosure (sealing of the records). Some cases may be "sealed' immediately while others have a waiting period. The down side of a deferred adjudication is that the Government will also see the record even if it gets "sealed." An even better way to prevent a conviction on someone's record is by doing a Pretrial Diversion. A Pretrial Diversion is better than a deferred adjudication because it allows a person to expunge, clear, or destroy all records pertaining to the arrest. Most importantly, the Government will NEVER be able to see the arrest in the future. An example of a Pretrial Diversion is Astros Centerfielder, Jordan Schafer, who was arrested for marijuana possession.