Defending a First Offense in Fort Bend County

A first offense in Fort Bend County can threaten everything you’ve worked for: your career, your reputation, and your future opportunities. The good news is that solid strategy and Fort Bend County’s diversion programs provide several pathways to protect first-time offenders from the lasting consequences of a conviction. With the right approach, it may be possible to get your case dismissed, reduced, or resolved in a way that keeps your record clean.

At Varghese Summersett, our Fort Bend criminal defense lawyers have secured over 1,600 dismissals and 800 charge reductions across Texas. We understand the stakes when you’re facing your first charge, and we fight aggressively to protect not just your freedom, but your record and your future.

Why First Offenses Require a Different Approach

When someone has no prior criminal history, prosecutors and judges often have more flexibility in how they handle the case. This creates opportunities that simply don’t exist for repeat offenders. A skilled defense attorney can leverage your clean record to negotiate outcomes like pretrial intervention, deferred adjudication, specialty court programs, or outright dismissals.

The goal isn’t just to avoid jail. For a first-time offender, the goal is to walk away with no conviction on your record. A conviction, even for a misdemeanor, can show up on background checks, affect professional licenses, limit employment opportunities, and create immigration consequences. Protecting your record is just as important as protecting your freedom.

Fort Bend County offers several diversion programs specifically designed for first-time offenders, including a general pretrial intervention program, a specialized DWI Court with a pretrial diversion track, and a Misdemeanor Treatment Court for drug-related offenses. Knowing which programs exist and how to qualify for them can make the difference between a dismissal and a conviction that follows you for life.

If you’re facing your first criminal charge in Fort Bend County, don’t wait to get legal help. Schedule a free consultation with our team today.

Fort Bend County Diversion Programs for First-Time Offenders

Fort Bend County offers several diversion and specialty court options specifically designed to give first-time offenders a second chance. These programs allow eligible defendants to avoid conviction, keep their records clean, and in many cases become eligible for expunction. Understanding which program fits your situation is critical to achieving the best outcome.

Pretrial Intervention Program (Fresh Start)

Fort Bend County’s general Pretrial Intervention program is administered through Community Supervision and Corrections Department (CSCD), with admission offers originating from the District Attorney’s Office. This program is available primarily for first-time, non-violent offenders facing a range of misdemeanor and some felony charges.

Successful completion avoids a conviction entirely. You won’t have formal probation or criminal penalties on your record, and you’ll be eligible for expunction (complete record destruction) after dismissal. Typical program conditions include reporting to a supervision officer for up to 24 months, completing counseling or educational classes (such as drug education), passing drug tests, and paying program fees.

This is often the best possible outcome for first-time offenders because it results in dismissal without any finding of guilt and creates a clear path to completely erasing the arrest from your record. In one recent Fort Bend case, our attorneys secured a two-year pretrial intervention contract for a client charged with solicitation of a prostitute, which will result in dismissal and eligibility for record clearing.

Fort Bend DWI Court (Tier 1 Pretrial Diversion)

Fort Bend County Court at Law No. 6 operates a specialized DWI Court with two tracks. Tier 1 is a pretrial diversion program specifically for first-time DWI defendants. If you’re facing your first DWI charge in Fort Bend County, this program may allow you to avoid conviction entirely.

After screening and signing a diversion contract, you’ll be supervised by DWI Court staff rather than traditional probation. The program includes regular check-ins, alcohol monitoring, and compliance with program requirements. Successful completion results in dismissal of your DWI charge, typically coded as “pretrial intervention completed.”

This is a powerful option for first DWI offenders because it avoids the license surcharges, insurance rate increases, and permanent conviction that come with a standard DWI plea.

Fort Bend DWI Court (Tier 2 Post-Conviction Track)

Tier 2 of Fort Bend’s DWI Court serves defendants with prior DWI convictions. Entry into Tier 2 involves pleading to probation into DWI Court. While this track does involve a conviction, it provides intensive supervision and treatment that can help repeat offenders address underlying issues and complete probation successfully.

Non-compliance with Tier 2 can result in removal from the program, a motion to revoke probation, and an arrest warrant. The case would then proceed in Court 6 on a standard probation-revocation track.

Misdemeanor Treatment Court (Drug Court)

Fort Bend County Court at Law No. 5 operates a Misdemeanor Treatment Court for offenders struggling with substance abuse. This drug court program uses intensive supervision, frequent drug testing, and treatment services to address the root causes of criminal behavior.

The program runs approximately 12 months. In most cases, successful completion leads to dismissal of the charges. An optional six-month aftercare period can make your record eligible for expunction, completely erasing the arrest from public records. For first-time drug offenders, this program offers both treatment resources and record protection.

Deferred Adjudication

When pretrial diversion isn’t available or appropriate, deferred adjudication under Texas Code of Criminal Procedure Art. 42A.101 remains a strong option for first-time offenders. With deferred adjudication, the judge defers a finding of guilt and places you on community supervision. If you successfully complete probation, the case is dismissed without a conviction.

Deferred adjudication can lead to eligibility for expunction or nondisclosure (sealing the record from public view). While not as clean as pretrial diversion (which often allows immediate expunction), deferred adjudication still protects your record far better than a conviction.

Not sure which program you qualify for? Contact our Fort Bend office for a free consultation. We can evaluate your eligibility and advocate for your admission.

Types of First Offenses We Handle in Fort Bend County

Our Fort Bend County criminal defense attorneys regularly help first-time offenders charged with a wide range of crimes. Below are some of the most common first offenses we see, along with the potential penalties and defense strategies that may apply.

First Offense DWI

A first DWI in Texas is typically a Class B misdemeanor under Texas Penal Code § 49.04. If your blood alcohol concentration (BAC) was .15 or higher, the charge is elevated to a Class A misdemeanor. Penalties for a first DWI can include:

• 3 to 180 days in jail (up to one year for BAC .15 or higher)
• Fines up to $2,000 (up to $4,000 for BAC .15 or higher)
• License suspension for 90 days to one year
• Annual surcharges of $1,000 to $2,000 for three years
• Possible ignition interlock device requirement

For first-time DWI offenders in Fort Bend County, the Tier 1 DWI Court pretrial diversion program in County Court at Law No. 6 is often the best path forward. This program allows you to avoid conviction entirely if you complete the requirements. When diversion isn’t available, we pursue deferred adjudication, which can still protect your record.

In some cases, we may challenge the traffic stop, the field sobriety tests, or the breath or blood test results to get the case dismissed entirely. In one recent case, our attorneys secured 12 months of deferred adjudication for a DWI client with no fine and no interlock requirement. Another client facing DWI with a BAC over .15 received deferred adjudication with the interlock requirement waived.

First Offense Drug Possession

Drug possession charges in Texas vary based on the type and amount of the controlled substance. Under Texas Health and Safety Code § 481.115, possession of a Penalty Group 1 controlled substance (such as cocaine, heroin, or methamphetamine) is punished as follows:

• Less than 1 gram: State jail felony (180 days to 2 years in state jail, up to $10,000 fine)
• 1 to 4 grams: Third-degree felony (2 to 10 years in prison, up to $10,000 fine)
• 4 to 200 grams: Second-degree felony (2 to 20 years in prison, up to $10,000 fine)

For first-time drug offenders in Fort Bend County, the Misdemeanor Treatment Court in County Court at Law No. 5 offers a 12-month program that typically results in dismissal, with an optional aftercare period that can lead to expunction eligibility. For felony drug charges, the general Pretrial Intervention program may be available depending on the circumstances.

In one recent case, our attorneys secured a non-suit (case dropped) for a Fort Bend client charged with felony possession of methamphetamine. In another case, a client facing possession charges was accepted into a First Offender Drug Program, a 6-month diversion program that led to dismissal.

We also pursue deferred adjudication when diversion programs aren’t available, which allows clients to complete probation and have the case dismissed without a conviction.

Your first mistake doesn’t have to define your future. Talk to a Fort Bend defense attorney about your options.

First Offense Assault

Assault charges in Texas range from misdemeanors to serious felonies depending on the circumstances. A simple assault causing bodily injury is typically a Class A misdemeanor under Texas Penal Code § 22.01, punishable by up to one year in jail and a $4,000 fine. Assault by contact (offensive touching without injury) is a Class C misdemeanor.

For first-time assault offenders, Fort Bend’s general Pretrial Intervention program may be available, particularly for non-aggravated assault charges. Our Fort Bend assault lawyers regularly secure dismissals and favorable outcomes through these programs and other defense strategies.

In one recent case, we presented case arguments and mitigating factors to the prosecutor at intake for a client facing assault causing bodily injury charges. The result was a supervisory caution with no charges filed. In another case, we obtained a dismissal for a client charged with assault bodily injury in Harris County. An assault by contact family violence charge was dismissed through nolle prosequi (prosecutor declined to pursue the case) in another matter.

Our defense strategies may include challenging the alleged victim’s account, presenting evidence of self-defense, or demonstrating that the incident was exaggerated or fabricated.

First Offense Theft and Shoplifting

Theft charges are classified based on the value of the property taken. Under Texas Penal Code § 31.03:

• Less than $100: Class C misdemeanor (fine up to $500)
• $100 to $750: Class B misdemeanor (up to 180 days in jail, $2,000 fine)
• $750 to $2,500: Class A misdemeanor (up to one year in jail, $4,000 fine)
• $2,500 to $30,000: State jail felony (180 days to 2 years in state jail)

Shoplifting falls under the same theft statute. Even a misdemeanor theft conviction can create serious problems for employment, particularly in retail, finance, healthcare, and positions requiring trust.

Fort Bend’s Pretrial Intervention program is often available for first-time theft offenders. For those who qualify and successfully complete the program, the case is dismissed and becomes eligible for expunction. In Harris County, our attorneys secured dismissals for a client facing both theft and forgery charges.

First Offense Domestic Violence

Domestic violence (assault family violence) carries enhanced penalties and collateral consequences that can affect custody, firearm rights, and future charges. Under Texas Penal Code § 22.01, assault causing bodily injury against a family member, household member, or dating partner is a Class A misdemeanor. However, if the alleged assault impedes breathing or blood circulation (strangulation), the charge becomes a third-degree felony.

A family violence conviction can result in a permanent protective order, loss of the right to possess firearms under federal law, and enhanced penalties for any future family violence allegation.

For first-time offenders, we aggressively pursue dismissals, deferred adjudication without a family violence finding, or reduction to non-family-violence charges when possible. In one recent case, our attorneys negotiated a plea to assault bodily injury with no family violence finding for a client facing domestic violence charges. The family violence designation was dropped, which protected the client’s firearm rights and prevented enhanced penalties in the future.

In another case involving continuous family violence and misdemeanor family violence charges, we secured a reduction to Class A assault with no finding, 24 months deferred with no probation officer, and dismissal of the misdemeanor charge.

Protecting Your Record: Expunction and Nondisclosure

For first-time offenders, the ultimate goal is often complete record clearing. Texas law provides two primary mechanisms for this: expunction and nondisclosure.

Expunction (Record Destruction)

Expunction completely destroys all records of your arrest and case. After an expunction, you can legally deny the arrest ever occurred. Expunction is available when:

• Your case was dismissed
• You were acquitted at trial
• You successfully completed pretrial diversion
• Certain waiting periods have passed after dismissal

Fort Bend’s pretrial intervention programs are particularly valuable because successful completion typically leads to immediate expunction eligibility. The Misdemeanor Treatment Court’s optional six-month aftercare period specifically creates expunction eligibility.

Nondisclosure (Record Sealing)

Nondisclosure seals your record from public view. Government agencies can still access it, but private employers, landlords, and others conducting background checks cannot see it. Nondisclosure is available after successful completion of deferred adjudication for most offenses, subject to waiting periods.

Our attorneys have secured numerous records sealing orders for clients across Texas. In multiple recent cases, we’ve obtained records sealing for clients immediately upon eligibility, helping them move forward with clean background checks.

Don’t let a first offense follow you for life. Contact our Fort Bend office for a free consultation about record protection strategies.

How We Defend First-Time Offenders

At Varghese Summersett, we approach every first offense case with the understanding that your record and reputation are on the line. Our defense strategies are designed to achieve the best possible outcome for your specific situation.

Investigate the Facts and Challenge the Evidence

We thoroughly review police reports, witness statements, body camera footage, and physical evidence. For DWI cases, we analyze traffic stop procedures, field sobriety test administration, and breath or blood test protocols. For drug cases, we examine search and seizure issues. Weak evidence or constitutional violations can lead to case dismissals.

Advocate for Diversion Programs

We identify which Fort Bend County programs you may qualify for and build compelling applications. For the Pretrial Intervention program, DWI Court Tier 1, or Misdemeanor Treatment Court, we present your background, employment, family situation, and other mitigating factors to advocate for admission. For clients who complete these programs successfully, the result is often a clean record.

Negotiate with Prosecutors

Our team has strong working relationships with prosecutors throughout the Houston area, including Fort Bend County. When diversion isn’t available, we negotiate for dismissals, reduced charges, or deferred adjudication with favorable terms.

Prepare for Trial When Necessary

Some cases require aggressive litigation. Our firm includes former prosecutors and board-certified criminal defense attorneys with trial experience across Texas. When dismissal or diversion isn’t possible, we are prepared to fight for an acquittal.

What Happens After an Arrest in Fort Bend County

If you’ve been arrested in Fort Bend County, understanding the process can help reduce anxiety and prepare you for the road ahead.

After booking at the Fort Bend County Jail in Richmond, you’ll have a bond set. For most misdemeanor first offenses, you can typically post bond and be released within hours. For felonies, bond amounts are higher and may require a bail bondsman or attorney intervention.

Once released, you’ll receive a court date. Depending on the charge, your case will be heard in Fort Bend County Justice of the Peace Court, County Court at Law (including the specialty courts in Courts 5 and 6), or District Court. Your attorney will appear with you at all hearings and guide you through each step.

Early in the process, your attorney can begin negotiations with the prosecutor’s office, apply for diversion programs, file motions to suppress evidence, and explore all available options. The earlier you hire a defense attorney, the more options you have.

Case Results: First Offense Dismissals and Reductions

Our track record demonstrates what’s possible when first-time offenders have skilled legal representation.

In Fort Bend County, attorney Mike Hanson secured a rejection at intake for a client facing injury to a child charges. By presenting case arguments and mitigating factors to the prosecutor before charges were filed, the case was rejected and no charges were ever brought. For another Fort Bend client facing felony possession of methamphetamine, Mike Hanson obtained a non-suit, meaning the state dropped the case entirely. He also secured a two-year pretrial intervention contract for a client charged with solicitation of a prostitute.

For drug cases, we’ve helped clients gain admission to first offender drug programs resulting in dismissals. In one case, a client facing possession charges completed a 6-month diversion program and had their case dismissed.

Past results do not guarantee future outcomes. Each case is unique and results depend on the specific facts and circumstances.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend your first offense case, you’re getting a team with over 70 attorneys and staff members, offices across Texas including Fort Bend County, and a proven track record of protecting our clients’ freedom and futures.

We take the time to understand your situation, explain your options in plain language, and develop a defense strategy tailored to your goals. Whether your priority is avoiding jail, protecting your professional license, maintaining custody of your children, or keeping your record clean, we fight for what matters most to you.

Our team handles cases in Fort Bend County courts regularly and understands the local procedures, prosecutors, judges, and diversion programs. This local knowledge allows us to navigate your case efficiently and effectively, identifying opportunities that attorneys unfamiliar with Fort Bend may miss.

Your first offense doesn’t have to become a permanent mark on your record. Call our Fort Bend office at (281) 805-2220 to speak with an experienced defense attorney.

Frequently Asked Questions About First Offenses in Fort Bend County

Can a first offense be dismissed in Texas?

Yes. First offenses are frequently dismissed through pretrial intervention programs, specialty court diversion tracks, deferred adjudication, successful motion practice challenging evidence, or prosecutorial discretion. Fort Bend County offers several diversion options specifically for first-time offenders, including the general Pretrial Intervention program, DWI Court Tier 1, and Misdemeanor Treatment Court.

What is Fort Bend’s Pretrial Intervention program?

Fort Bend’s Pretrial Intervention (sometimes called “Fresh Start”) is a diversion program for first-time, non-violent offenders. It’s administered through CSCD with admission offers from the DA’s Office. You report to a supervision officer for up to 24 months, complete required classes or counseling, pass drug tests, and pay program fees. Successful completion results in dismissal and expunction eligibility.

How does Fort Bend DWI Court work for first offenders?

Fort Bend County Court at Law No. 6 operates a DWI Court with two tiers. Tier 1 is a pretrial diversion track specifically for first-time DWI defendants. After screening and signing a diversion contract, you’re supervised by DWI Court staff. Successful completion results in dismissal of your DWI charge without a conviction.

Will a first offense show up on my background check?

If you are convicted, yes. However, if your case is dismissed through a diversion program or you successfully complete deferred adjudication, you may be eligible for expunction (complete destruction of records) or nondisclosure (sealing from public view). This can prevent employers and others from seeing the arrest on background checks.

What is the difference between deferred adjudication and pretrial diversion?

With pretrial diversion, you typically don’t enter a plea. You complete program requirements, and the case is dismissed, often with immediate expunction eligibility. With deferred adjudication, you plead guilty or no contest, but the judge defers a finding of guilt. If you complete probation, the case is dismissed, but expunction eligibility may be limited (nondisclosure is usually available instead). Pretrial diversion generally offers cleaner record clearing.

How long does a first offense case take in Fort Bend County?

Timelines vary depending on the charge, court docket, and path taken. If you’re accepted into a diversion program, you’ll need to complete the program requirements (typically 12-24 months) before dismissal. Cases resolved through negotiation or deferred adjudication may conclude in a few months. Cases going to trial take longer.

Should I just plead guilty to get it over with?

No. Pleading guilty without exploring your options can result in a permanent conviction that affects your job, housing, education, and future. First-time offenders in Fort Bend County often have access to diversion programs and other alternatives that avoid conviction entirely. Always consult with an attorney before entering any plea.

If you’re facing your first criminal charge in Fort Bend County, time matters. Early intervention gives your attorney more options to pursue diversion programs and protect your freedom, your record, and your reputation. Call Varghese Summersett at (281) 805-2220 to schedule your free consultation with a Fort Bend criminal defense attorney today.