Tarrant County Deferred Prosecution Program (DPP)

Are you under age 24?  Is this your first —and hopefully last — arrest? In addition to the possibility of time behind bars, a conviction could disqualify you from scholarships, housing, and job opportunities.

Are you interested in avoiding a conviction and removing the arrest from your record? If so, the Tarrant County Deferred Prosecution Program could be the opportunity you are looking for. 

As former Tarrant County prosecutors, we’ve been on the other side of the DPP process and vetted and interviewed candidates who applied to the program. Now as defense attorneys, we are extremely successful in getting our clients into DPP. However, the most important factor in the admission process is you.

The DPP process begins by hiring an attorney who will guide you through the application process. Common offenses that are eligible for the DPP program are possession of marijuana and shoplifting charges.

The Deferred Prosecution Program (DPP) was created by the Tarrant County District Attorney’s Office to give qualifying and deserving youthful first-time offenders a chance at rehabilitation and having their case dismissed.

Eligibility for Deferred Prosecution Program in Tarrant County

Applicants must hire an attorney and apply for the program within 60 days of their case being filed. There are no exceptions.

The DPP application is obtained by the attorney. The applicant must completely fill out the application, provide two letters of recommendation, provide a personal statement, transcripts, and a negative drug test administered by the Community Supervision and Corrections Department (CSCD) of Tarrant County.

Drug testing will be performed by CSCD at the following locations (first come, first served)

  • Central 200 W Belknap St, (basement) MALES only 7:30 am – 5:00 pm
  • Central 300 W Belknap St, (4th floor) FEMALES only 8:00 am – 5:00 pm
  • 3210 Miller Ave (Miller Complex) MALE and FEMALE 7:00 am – 6:00 pm
  • Participants are given two chances within 30 minutes to provide a sample, if no sample is given after two attempts it is considered a stall violation.

DPP Track A – Eligible Offenses

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

DPP Track B – Eligible Offenses

  • Possession of marijuana under 2 ounces – (M)
  • Possession of marijuana 2-4 ounces – (M)
  • Possession of marijuana under 2 ounces, drug-free zone – (M)
  • Possession of marijuana 2-4 ounces, drug-free zone – (SJF)
  • Possession of controlled substance (PG3), under 28 grams – (M)
  • Possession of controlled substance (PG2A), under 2 ounces – (M)
  • Possession of controlled substance (PG2A), under 1 gram – (M)
  • Possession of a dangerous drug – (M)
  • Possession of controlled substance (PG1), under 1 gram – (SJF)

Disqualifications from DPP

  • Applicant was over 24 years old at the time of the offense
  • Applicant had a previous juvenile adjudication
  • Applicant is a member of mental health priority population
  • Positive drug screen with application
  • Applicant has a previous conviction or supervision for Class B offenses and above
  • Previous participation in DPP
  • Multiple offenses not occurring out of same criminal episode
  • Offense committed after first arrest or while on bond
  • Injuring or placing anyone in danger during course of offense
  • Gang-related offense

Orientation for DPP

The applicant must attend an orientation before being accepted into DPP. The applicant must be accompanied by a parent or an adult accountability partner. The remainder of the program fee must be paid in full at the conclusion of the orientation. The waivers completed and signed by applicant and defense attorney must be presented at the beginning of the orientation.

Length of Program

The term of supervision is four months for misdemeanor offenses and eight months for felony offenses. If restitution is owed, the term of supervision can be extended to eight months to allow full payment.

Expunction

Upon successful completion of the program, the offender is entitled to an immediate expunction.

Conditions of the Deferred Prosecution Program:

  • Must not commit a violation of the law of this or any other state.
  • Must have an attorney.
  • Must not associate with persons who have been, are now, or will commit criminal offenses.
  • Must not consume alcohol or attend nightclubs, taverns, or bars.
  • Must obtain or maintain either full-time employment or full-time school.
    • If the applicant failed to graduate from High School, may be required to obtain GED.
    • If the applicant currently attends school, may be required to have no unexcused absences.
  • Must complete urine analysis, polygraph, blood alcohol, or head follicle testing at the participant’s expense upon request.
  • Must support dependents.
  • Must notify the District Attorney’s office within 24-hrs if address, employment, or enrollment in school change.
  • Must pay restitution and appointed attorney’s fees.
  • Report monthly via mail in report.
  • Obey parents/roommates house rules.

Benefits of the DPP:

  • Successful completion results in a dismissal which can be ultimately expunged.
  • The program is the most inexpensive of deferred prosecution programs.

Contact:

You must have an attorney to get into the Tarrant County Deferred Prosecution Program. All of the senior attorneys at our firm are former Tarrant County Assistant District Attorneys. As former prosecutors, we know exactly what it takes to get through the application and interview process. If you want to find out how you can maximize your chances of getting into the program, call Varghese Summersett PLLC at (817) 203-2220.

If you have questions for the program administrators to check on the status of your application or to see if your monthly report has made it to the office, call the Deferred Prosecution Program at (817) 884-1633.