Tarrant County Deferred Prosecution Program (DPP)
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Deferred Prosecution Program (DPP)
In 1973, Tim Curry, former Tarrant County Criminal District Attorney, began the Deferred Prosecution Program “to give the young person in trouble for the first time a chance to rehabilitate himself (or herself) without the stigma of a criminal conviction.” Since that time, the program has had multiple changes so that it can continue to meet that goal and be available to all equally. The motto for the DPP program is, “A second chance for first time offenders.”
The DPP program is a limited supervision program designed to give first time offenders the chance to rehabilitate without the stigma of a criminal conviction. As a criminal defense attorney, I have had numerous clients successfully complete the program over the last 20-plus years of practicing law. The DPP program is an excellent program and I work very hard to get clients that are eligible into the program.
Who is Eligible?
DPP is available to those individuals that are:
- aged 17 to 26 at the time of the offense
- have not been previously convicted or supervised for a Class B offense or above
- are willing and able to rehabilitate themselves
What is involved?
DPP involves:
- strict screening process
- background investigation
- an interview and orientation
- potential drug testing (for admission as well as completion of the program)
- agreement to abide by the terms of the program
- program fees
What are the disqualifications?
An applicant can be disqualified for multiple reasons. Examples include:
- over 26 years of age at the time of the offense
- previous juvenile adjudication
- mental health issues
- positive drug screen
- previous convictions
- previous participation in DPP or any other diversion programs
- multiple offenses (not of the same criminal episode)
- committing an offense while on bond
- additional offenses after initial arrest
- if someone was injured or in danger during the course o the offense
- gang related offenses
Current List of Eligible Offenses:**
Non-Drug Related Offenses
- Criminal trespass (misdemeanor)
- Evading arrest, no vehicle, no injury (misdemeanor)
- Failure to ID (misdemeanor)
- False report to a police officer (misdemeanor)
- Forgery (misdemeanor)
- Purchase or furnish alcohol to a minor (misdemeanor)
- Sell or make alcohol available to a minor (misdemeanor)
- Failure to stop at accident (misdemeanor)
- Silent or abusive calls – 911 (misdemeanor)
- Possession, manufacture, distribution of instrument to commit retail theft (misdemeanor)
- Theft or theft of service, value less than $30,000 (misdemeanor to state jail felony)
- Burglary of a vehicle, building, coin operated machine, excluding habitation (misdemeanor to state jail felony)
- Removal, destruction or concealment of writing (misdemeanor to state jail felony)
- Criminal mischief, where the loss is less than $30,000 (misdemeanor to state jail felony)
- Tampering with government record (misdemeanor to state jail felony)
- Graffiti (misdemeanor to state jail felony)
- Trademark counterfeiting, less than $30,000 (misdemeanor to state jail felony)
- Unauthorized use of a vehicle (state jail felony)
- Fraudulent use or possession of identifying information, less than five items (state jail felony)
- Credit card and debit card abuse (felony)
Drug Related Offenses
- Possession of marihuana under 2 ounces – (M)
- Possession of marihuana 2-4 ounces – (M)
- Possession of marihuana under 2 ounces, drug free zone – (M)
- Possession of controlled substance (PG3), under 28 grams – (M)
- Possession of controlled substance (PG2A), under 2 ounces – (M)
- Limited to K2
- Possession of controlled substance (PG2A), under 1 gram – (M)
- Limited to K2
- Possession of a dangerous drug – (M)
- Possession of controlled substance (PG4), under 28G (M)
- Possession of marihuana 2-4 ounces, drug free zone – (SJF)
- Possession of controlled substance (PG1A), fewer than 20 abuse units –(SJF)
- Limited lysergic acid diethylamide (LSD)
- Possession of controlled substance (PG1), under 1 gram – (SJF)
- Excluding heroin and fentanyl
- Possession of controlled substance (PG2), under 1 gram (SJF) 1
- Limited to methoxymethamphetamine (ecstasy/MDMA), psilocybin, psilocin, Tetrahydrocannabinol (THC) in the form of edibles, vape pens, cigars, waxes, oils
- Possession of controlled substance (PG2), 4 < 4 grams (F3)
- Limited to methoxymethamphetamine (ecstasy/MDMA), psilocybin, psilocin, Tetrahydrocannabinol (THC) in the form of edibles, vape pens, cigars, waxes, oils
**this list is not exhaustive
**cases accepted into the program subject to Criminal District Attorney discretion
What happens if I complete the program?
Upon successful completion, your case is dismissed, and you are eligible for immediate expunction of your criminal record.
I’ve been arrested and I think I might qualify. What should I do?
If you have been arrested for any criminal offense, call Fort Worth criminal attorney Stephen Handy. You will need a criminal attorney that is experienced in the diversion programs offered that can advocate to get you admitted to the program. This program is an incredible program and provides an opportunity to ensure that you do not end up with a criminal record that could affect you for the rest of your life.
