The mission and purpose of the First Offender Drug Program (pre-trial diversion) are to improve the overall quality and efficiency of the criminal courts by diverting low-risk first-time drug offenders to a supervised program that will enhance public safety, reduce crime, hold offenders accountable, increase sobriety among drug offenders, reduce costs to our community, and ultimately reduce congestion in the criminal court dockets.
Attorneys Interested?: If you are an attorney interested in either an application for the diversion program or more information please call 979-361-4320.
Program Requirements
- Defendant must be represented by counsel in order to apply for admission into the program.
If a defendant wants to apply for court appointed counsel after bonding out of jail, an Affidavit in Support of Court Appointed Attorney must be filled out and returned to the Brazos County Associate Court 1 (300 East 26th Street, Bryan, Texas, Suite 2106) during business hours. Defendants may call (979) 361-4540 for more information. Notarized applications may also be faxed to (979) 361-4559. - Proof of education (proof of current enrollment in high school, GED program, or college) or proof of current employment.
- Defendant will submit to all drug tests required by the Brazos County Community Supervision and Corrections Department (CSCD).
- Defendant will follow all conditions set by the Brazos County Community Supervision and Corrections Department (CSCD)
- Defendant will admit their guilt to the criminal offense.
- Defendant cannot have been convicted, have current or past community supervision or deferred adjudication for offenses other than Class C misdemeanors.
- Defendant cannot have participated in any prior diversion program.
Frequently Asked Questions About the Program
First, a defendant must be represented by counsel to be considered for the program. Defense counsel may then request an application so that a defendant can be considered for the program. Cases are considered for admission into the program after arrest and prior to indictment.
No. Cases are evaluated based on the offense type, defendant’s criminal history, and the facts and circumstances of the offense. Whether counsel was retained or court appointed is not a factor for determining whether a defendant is admitted into the program.
No. In fact, defendants enter the FODP / Pre-Trial Diversion / First Offense Drug Program before the case is even presented to the grand jury for indictment. The case will be rejected if the defendant successfully completes the program.
The program is one year.
There are no progressive sanctions in the program. That means the case will proceed to trial if a defendant violates the terms of the agreement. Any violation is cause for a defendant to be terminated from the program.
No. However, if a defendant is represented by counsel there may be alternative ways to resolve a case before a case is presented to the grand jury.
Yes, but no earlier than one year from the date of program completion. This subject is covered in more detail in the agreement to enter the program.
District Attorney’s Office
Brazos County Courthouse
300 E. 26th St.
Suite 310
Bryan, TX 77803
Phone: (979) 361-4320
Fax: (979) 361-4368