Criminal Trespass Charges in Dallas County: What You Need to Know About New Diversion Options in 2025

Criminal trespass is one of the most common low-level arrests in Dallas County — and for many people, it's a charge tied to homelessness, mental health struggles, or substance abuse issues rather than intentional criminal behavior. At Texas Defenders, we represent clients throughout Dallas, Tarrant, Collin, and Denton counties who are charged with criminal trespass, and we work to keep these cases from turning into permanent criminal records.

But in late 2025, a major development has changed how Dallas County handles thousands of these cases: the opening of the Austin Street Deflection Center, a new program designed to divert people from the overcrowded jail and into stabilization services instead of prosecution.

Here's what that means for criminal trespass cases, how it may affect your charges, and what your legal options are if you've been arrested or cited for trespass anywhere in North Texas.

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What Is Criminal Trespass in Texas?

Under Texas Penal Code § 30.05, criminal trespass occurs when someone enters or remains on property without effective consent and after receiving notice to leave. Criminal trespass can be charged as:

• A Class B misdemeanor (most common)

• A Class A misdemeanor if the property is a residence, a critical infrastructure location, or if the suspect had a deadly weapon

• A Class C misdemeanor in some narrow situations

A conviction can lead to:

• Up to 180 days in jail (Class B)

• A permanent criminal record

• Fines

• Difficulty securing housing or employment

For individuals experiencing homelessness or mental health issues, these charges often stack up repeatedly — sometimes dozens of times — creating a cycle that jail alone cannot fix.

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New in Dallas County: Treatment Instead of Jail

Dallas County is now rolling out a model that has already shown early success in reducing repeated trespass arrests — deflection centers, where police can take individuals for services instead of booking them into jail.

The Austin Street Transition Center (Opened October 2025)

The first major pilot program is operating inside the Austin Street Center near downtown Dallas. It includes:

• 8 beds reserved for criminal trespass suspects

• Operated through a partnership between:

  • DART Police

  • Dallas County District Attorney's Office

  • North Texas Behavioral Health Authority (NTBHA)

• Funded with approximately $750,000 annually

How It Works

If police encounter someone on suspicion of criminal trespass, and the person agrees, the officer may take them to the deflection center instead of jail.

If the person goes to the center:

• No criminal charge is filed at all

• There are no court requirements

• Participants receive:

  • Food, water, clean clothing, and safe shelter

  • Mental health evaluations

  • Access to a psychiatrist and medications

  • Trauma support

  • Help reconnecting with family

  • Substance abuse treatment pathways

This is a pre-charge diversion program — meaning entry into the program stops the criminal case before it starts.

Why This Matters

New data from the Dallas County DA's Office shows:

• 3,539 criminal trespass arrests since 2024

• Nearly half were repeat arrests, with individuals arrested 2–9 times

• 162 people were arrested 10–19 times on the same charge

District Attorney John Creuzot has stated publicly that jail is not solving the problem — it's only recycling the same individuals through a system that wasn't designed to treat mental illness, trauma, or addiction.

Real Example from the Program

A former airline employee struggling with alcoholism and homelessness was arrested at a DART station on Bryan Street. Instead of jail, DART officers brought him to Austin Street. There, staff helped reconnect him with his mother and begin rebuilding his life — all without a criminal charge.

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Expansion Plans Across Dallas County

Dallas County Commissioner Andrew Sommerman has announced plans to develop four deflection centers across the county, ideally including an expanded Austin Street Center with up to 100 beds.

Other important developments:

• Homeward Bound in southern Dallas already operates a 16-bed deflection center (“Dallas Deflects”), treating nearly 1,000 people per year.

• Police departments including DART, Dallas PD, and Garland PD are using deflection programs more frequently.

• The County is exploring funding from opioid settlement funds, philanthropic sources, and county budgeting.

The goal: reduce the jail population, help individuals stabilize, and keep people with mental health needs from being criminalized.

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Does This New Program Affect Your Criminal Trespass Case?

Possibly — but only in certain situations.

If you were arrested BEFORE going to a deflection center

Your case still exists, and you should contact Texas Defenders immediately. We will:

• Review the legality of the arrest

• Pursue dismissal through negotiations with the DA

• Explore diversion, mental health treatment options, or proof-based mitigation

• Work to protect your record through expunction or nondisclosure when eligible

If you were taken directly to the deflection center instead of jail

No case should have been filed. But it's still important to confirm this.

Texas Defenders will:

• Check all Dallas County court systems

• Contact the DA's office if needed

• Ensure no charge was accidentally filed

• Verify your record remains clean

If you are homeless or experiencing mental health challenges

We can work with the DA's Office and available diversion programs to keep you out of jail and prevent new trespass charges.

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Why Criminal Trespass Charges Still Require a Defense Lawyer

Even with these new diversion options, police and prosecutors can still file charges if:

• The officer chooses jail over diversion

• The arrest happened outside DART jurisdiction

• The property owner insists on charges

• The district attorney disagrees with diversion for the specific case

• You have prior pending charges or warrants

Texas Defenders fights to prevent these low-level cases from ruining someone's future.

We represent clients across:

• Dallas

• Fort Worth

• Denton

• Plano

• Frisco

• McKinney

• Arlington

• Irving

• Grand Prairie

• All surrounding cities and counties

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Charged With Criminal Trespass? Texas Defenders Can Help.

If you or a loved one has been arrested or cited for criminal trespass, we can help guide you through the process and fight for the best possible outcome — including avoiding a conviction, dismissal, or sealing your record.

Call Texas Defenders for a free consultation today: 214-306-9696