A pre-trial intervention program (also called a pre-trial diversion program) is a contract with the State of Texas that your case will be dismissed if certain conditions are met. The terms and availability of these programs vary by county and charged offense. For first-time shoplifting cases, many District Attorney’s offices in the Greater Houston area will consider pre-trial diversion programs. In Houston, the Harris County District Attorney’s Office has a pre-trial intervention program known as a Retail Theft Diversion Program. Currently, this is only available for class B theft ($100-750) and lasts for a period of 90 days. The program is limited to defendants who have no other criminal history and were not charged with other offenses at the time of the arrest (e.g., drug possession). Even if a defendant does not meet the requirements for this program, it is still possible to obtain a pre-trial diversion in Harris County, although the terms may be longer. Most other counties will consider some form of pre-trial diversion, particularly for first-time shoplifting arrests, for defendants with no other criminal history. If you are not a United States citizen, it is highly advisable to consult with an immigration attorney before applying for a pre-trial diversion program, as the application process for many counties requires an admission of guilt, which can sometimes be used in immigration proceedings, even where the criminal case is subsequently dismissed.