What Is Deferred Prosecution in Texas?

Understanding Deferred Prosecution in Texas

Deferred prosecution is a type of extra-judicial agreement the prosecutor may offer someone accused of a crime.

Here is what deferred prosecution is, how it works, and how it happens:

• Deferred Prosecution Is Initiated by the Prosecution – The prosecutor’s office may decide to pursue deferred prosecution for cases if beneficial to the prosecution, the defendant, or society at large. For example, this can be an option if the prosecution believes there’s a high chance the jury will submit a not-guilty verdict.
• During the Duration of Deferred Prosecution, Your Charges Are Conditionally Dropped – The prosecutor may elect to defer prosecution for 12-24 months (usually), while the defendant completes a court-ordered intervention (counseling or therapy).
• If These Conditions Are Met, the Charges Can Be Dropped – Upon successful completion of these terms of the deferred prosecution, a prosecutor may decide to take no further action. However, if the defendant fails to comply with the conditions, they could face sentencing according to the guidelines of the crime they are being charged with.

A Deferred prosecution can be a win-win for both prosecution and defense in the right circumstances.

• By avoiding another conviction, the state can argue it’s working to limit the number of new prisoners entering prison and state jail.
• The defendant gets a chance to avoid the most serious consequences of a criminal conviction, such as jail time.

You may be eligible for deferred prosecution if you are facing charges, however this is not a guarantee. You need an attorney that can make this happen for you. This takes skill, experience and know-how.

Call for Guidance Today

Are you facing criminal charges? Call a criminal defense attorney at The Law Offices of Jeff C. Kennedy to discuss your case and potential legal defense.

Call us at 817-605-1010 or fill out the form on our website for more information.