In order to help non-violent first-time offenders, the Harris County District Attorney’s Office in cooperation with the Harris County Sheriff’s Office and Houston Police Department, created a program called the First Chance Intervention Program.

Having a criminal conviction can have an adverse effect on your life. It can affect your ability to obtain employment, housing and even a car. Under the First Chance Intervention Program, an offender who commits a possession of marijuana Class B misdemeanor, a retail theft valued at less than $750, or a Felony PCS (possession of controlled substance), you may be offered a chance to avoid being charged as long as you successfully complete the program.

The First Chance Intervention Program gives citizens a chance to avoid a criminal conviction by completing community service or completing an eight-hour class to avoid criminal charges. Harris County Pre-Trial Services will monitor participants and supervise the program. The program recognizes the principle that first-time offenders who commit low-level, non-violent offenses are often self-correcting, without the need for more formal and costly criminal justice intervention. It also frees up law enforcement, jail, prosecution and court resources that would otherwise be expended in the arrest and prosecution of the offender.

 Currently, the Harris County District Attorney’s Office is offering the following First Chance Programs:

• First Chance Intervention Program for first-time Possession of Marihuana offenders

• Retail Theft Pretrial Intervention Program for first-time Retail Theft offenders

• Felony PCS Program for first-time Possession of Controlled Substance offenders

First Chance Intervention Program for first-time Possession of Marihuana offenders

 The First Chance Intervention Program is a 60/90-day diversion program for first-time class B misdemeanor Possession of Marihuana offenders. If accepted into the program, he/she will be subject to a $100 program fee and may be required to complete community service hours or a class.

An individual is Not Eligible if he/she:

• Is charged with possession of marijuana, but the facts indicate they were actually selling marijuana or possessed quantities that appear to be for sale.
• Is charged with synthetic marijuana
• Is on a PR bond and violates with a positive urine test. 

Retail Theft Pretrial Intervention Program for first-time Retail Theft offenders

The Retail Theft Pretrial Intervention Program is a 90-day diversion program for first time Retail Theft offenders. If accepted into the program, he/she will be subject to a $130 program fee and required to complete a class.

An individual is Not Eligible if he/she:

• Is charged with Theft, and the property is valued over $750.
• Is charged with Theft, and the property was not recovered.
• Is charged with Theft, and restitution is owed to the victim.
• Is charged with “Theft by Employee”.

Felony PCS Program for first-time Possession of Controlled Substance offenders

 The Felony PCS Program is a 1-year diversion program for first-time “PCS” (Possession of Controlled Substance) offenders. If accepted into the program, he/she will be subject to a $200 assessment fee.

An individual is Eligible if he/she:

• Is charged with Felony PCS less than 1 gram OR less than 20 abuse units.
• Has NO EVIDENCE in the offense that is indicative of delivery or manufacturing of the controlled substance or possession w/intent to deliver.
• Is not under indictment or charged by complaint or information or under investigation for any felony offense in this or any other jurisdiction.
• Has NO convictions for a felony offense in this State or any other jurisdiction, nor has been granted probation or deferred adjudication for a felony offense in this or any other jurisdiction
• Has never participated in any pre-trial intervention or diversion program for a felony offense in this or any other jurisdiction
• If charged on or after 2-1-16 and makes a decision to participate in the program within 60 days (pre-indictment)
• Was charged prior to 2-1-16 and has been indicted but wants to participate in the program (without undue delay)

**Note: Persons who are charged with PCS 1-4 grams who meet the above eligibility requirements may have their case reviewed by the District Court Chief and the Felony Division Chief to determine if they are eligible for inclusion in this program.

Contact The Huff Law Firm now at 713-562-8700 for a free consultation to determine your rights and legal options.

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