Deferred Prosecution Program

  The program is designed for low-risk, non-violent offenders. Those charged with cases relating to violence toward intimate partners, sex crimes, animal abuse, or DUIs are not eligible for the program. The program provides that an accused take responsibility for their actions while providing an opportunity to keep a conviction from being permanently entered on their record. 

  The accused must complete an intake interview with the program coordinator, and if accepted, complete the program requirements.

  If accepted into the Deferred Prosecution Program, the defendant is required to sign a written admission admitting to the elements of the charged crime. They will sign an agreement stating the conditions of program participation and successful completion. If the defendant is not accepted into the Deferred Prosecution Program, he/she will be notified by the coordinator. 

  An accused must admit to the charged crime and not commit further crimes during their participation in the program. Further requirements may include paying full restitution to the victim, completing community service hours, obtaining a high school diploma or G.E.D., and counseling. 

  Upon successful completion of the Deferred Prosecution Program, the State’s Attorney’s Office agrees to dismiss the pending charge(s) against the defendant. Further, the State’s Attorney will not object to the expungement of court records relating to the charged crime. 

  If the defendant fails to successfully complete the Deferred Prosecution Program, the defendant is terminated from the program and the case is returned to court for prosecution.

   A referral is typically made by the SAO or an accused’s attorney. The request for an application is usually made at the first court appearance, but it may happen prior to a case being formally charged. Should an accused be deemed eligible, the coordinator will contact the defendant to arrange an intake interview.