Deferred Prosecution Programs in Tarrant County

The Deferred Prosecution Program (DPP) is a limited supervision program that helps young people avoid the stigma of a criminal conviction. DPP is open to young people who are 17 years old to 24 years old at the time of the offense.

Contact the experienced criminal defense attorneys in Fort Worth, TX, at Law Offices of Richard C. McConathy. Our attorneys can explain the pros and cons of entering a deferred prosecution program. We can help you understand the requirements of the programs and the easiest ways to complete all of the terms and conditions without a violation.

The benefits of entering DPP include the fact that if you complete the program then the case against you will be dismissed so that you are eligible for an immediate expunction. Our attorneys can also help you complete the expunction process as soon as possible so that the public records disappear from public view.

Another negative consequence of entering DPP is that certain collateral consequences can occur especially if you want a career as a lawyer, a health care professional (including a physician or a nurse), a member of the military or a law enforcement officer.

If you are not guilty of the offense or if the prosecutor is not able to prove the case, then it is often better to fight the case for an outright dismissal. On the application, you must list your present and past employers and supervisors. You must also list your log in information for any social media accounts that you use. You must also sign a waiver of rights and judicial admissions form acknowledging that you voluntarily and knowingly enter the judicial admission and confession.

Many of our clients come to us after entering DPP and violating the program. In those cases, the criminal charge is returned to court and a criminal defense attorney can help you get back into the program, get the charges dropped in the criminal court, or fight to resolve the case under the best possible terms.

The DPP Judicial Admission and Confession

The Judicial Confession, Admission and Stipulation of Evidence provides:  

I, by my signature below, and after being fully advised of my rights connected with this case and the consequences of waiving those rights by my attorney of record, do admit that, in Tarrant County, on or about the _______________, did commit the offense of ______________. I am guilty of the instant offense and all lesser included offenses. If I am charged with an offense of possession of marihuana, a dangerous drug or any other controlled substance, I specifically waive any drug testing related to this case; and admit and stipulate that the substance in my possession was ______________.

Eligibility Requirements for DPP in Tarrant County, TX

The eligibility requirements for DPP in Tarrant County, TX, include:

  1. the young person has not previously been convicted or supervised for a Class B offense or above; and
  2. the young person is willing to enter the program.

A young person is not eligible to enter DPP if: 

  1. the person is over the age of 24 years old at the time of the offense;
  2. the person has an adjudication in a previous juvenile case;
  3. the person is a member of the mental health priority population;
  4. the person tests positive to a drug screen with application;
  5. the person has a previous conviction or supervision for a Class B offenses and above;
  6. the person has previously participated in DPP.

Not all offenses are eligible for DPP in Fort Worth or Tarrant County, TX, including:

  1. Multiple offenses not occurring out of same criminal episode;
  2. Offense committed after first arrest or while on bond;
  3. Offenses that caused injury or placed anyone in danger during course of offense; or
  4. Gang-related offenses.

The Tarrant County Application for the Deferred Prosecution Program

A criminal defense attorney can help you complete the application for the Tarrant County Deferred Prosecution Program if you decide to enter the program. Your attorney can help you submit the application to the Tarrant County Criminal District Attorney’s Office within 90 days of the filing of the criminal case.

The DPP application process includes completing the following documents:

  • a non-refundable initial program fee of $25.00; 
  • a negative drug test, given at the Tarrant County Community Supervision and Corrections Department;
  • high school transcript, college transcript or GED certificate; 
  • personal statement; 
  • two (2) signed letters of recommendation written by a person who is not a relative or co-defendant and must state that the writer has known the applicant for at least three (3) years, and state the nature of the pending criminal charge; and
  • the DPP Questionnaire, fully completed by the applicant.

In addition to the $25 application fee, the applicant must pay $100 on date of orientation for track one and $200 on track two.

The term of supervision is four (4) months for misdemeanor offenses and eight (8) months for felony offenses. If restitution is owed, the term of supervision can be extended to eight (8) months to allow full payment. After the program is completed, the application may be entitled to an immediate expunction under Art. 76.011 of the Texas Government and Article 55.01 of the code of criminal procedure.

Track A Eligible Offenses for DPP

The Track A eligible cases include all of the following:

  1. Possession, manufacture, distribution of instrument to commit retail theft – (M)
  2. Labeling unauthorized recording – (M to SJF)
  3. Trademark counterfeiting, less than $20,000 – (M to SJF)
  4. Fraudulent use or possession of identifying information, less than five items – (SJF)
  5. Silent or abusive calls – 911 – (M)
  6. Graffiti – pecuniary loss less than $20,000 – (M to SJF)
  7. Tampering with government record – (M to SJF)
  8. Failure to stop at accident or failure to give notice fixed object – (M)
  9. Sell or make alcohol available to a minor – (M)
  10. Purchase or furnish alcohol to minor – (M)
  11. Forgery – (F)
  12. False report to police officer – (M)
  13. Failure to ID – (M)
  14. Criminal trespass – (M)
  15. Evading arrest, no vehicle, no injury – (M)
  16. Criminal mischief, where the loss is less than $20,000 – (M to SJF)
  17. Removal, destruction or concealment of writing
  18. Theft and theft of service, where the value is less than $20,000 – (M to SJF)
  19. Credit card and debit card abuse – (F)
  20. Burglary (vehicle, building, coin operated machine) – (M to SJF)
  21. Unauthorized use of a vehicle – (SJF)

Track B Eligible Offenses for DPP

The track B eligible offenses include:

  1. Possession of controlled substance (PG1), under 1 gram – (SJF)
  2. Possession of a dangerous drug – (M)
  3. Possession of controlled substance (PG2A), under 1 gram – (M)
  4. Possession of controlled substance (PG2A), under 2 ounces – (M)
  5. Possession of controlled substance (PG3), under 28 grams – (M)
  6. Possession of marihuana 2-4 ounces, drug free zone – (SJF)
  7. Possession of marihuana under 2 ounces, drug free zone – (M)
  8. Possession of marihuana 2-4 ounces – (M)
  9. Possession of marihuana under 2 ounces – (M) 

Additional Resources

Tarrant County District Attorney’s Deferred Prosecution Program - Visit the website for Tarrant County, TX, to find out more about the deferred prosecution program of the Criminal District Attorney's Office for cases pending in the Tim Curry Criminal Justice Center. Find eligibility requirements and problems leading to a disqualification. Locate the application for DPP, the deferred prosecution information packet, and monthly reporting requirements.

Deferred Prosecution Program of the Office of the Criminal District Attorney
401 W. Belknap, Basement
Fort Worth, TX 76196
Fax: 817.850.2340

 This article was last updated on Friday, April 21, 2017.

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