Is anyone using a Pre-Trial Diversion Progarm to deal with Traffic Ticket Appeals from JP Court?
How do you handle the process? How are you administering the program, especially the money paid for any administrative fees?

All money paid in a pre-trial intervention case must go to the probation department for supervisory fees or cost of program attended by the defendant. See CCP Art. 102.012 and Gov. Code Sec. 76.011.

Aren't you basically encouraging appealing JP tickets to county court if you let someone get pretrial diversion in this situation? My thought is, a) pretrial diversion is a legal fiction and should never happen (although I realize some people do it and don't necessarily share my thoughts), and b) people who appeal traffic tickets are usually nuts (or their lawyers are nuts, like in the case of my first jury trial ever), so why reward them? When all they had to do in the first place was either pay a fine, take defensive driving, or get deferred adjudication.

Make that Deferred Disposition under Art. 45.051 or 45.0511, and I completely agree with Jane.

I do not employ pre-trial intervention in JP court cases or appeals from JP court cases. However, a pre-trial intervention program is not a legal fiction. It must have the blessing of a district court judge and is administered by a probation department according to the statutes referenced above. I do not understand how you can call something authorized by statute a legal fiction.

I, too, do not get into pre-trial diversion. If someone chooses to appeal a traffic conviction, I do not dismiss them unless they are ludicrous (two miles over the limit, etc.). This has cut the number of appeals to almost nothing.

Hey, I kinda feel like the oxymoron known as a State Jail Felony is a statutory and sanctified legal fiction.