What Is Deferred Prosecution in Texas?

By Jeff Kennedy

What Is Deferred Prosecution in Texas?

Being convicted of a crime can have immediate and lifelong consequences. 

Fortunately, those accused of a crime who enter a plea of “guilty” or “not guilty” may be eligible for deferred prosecution, with highly favorable terms contingent on the completion of a special intervention program. 

But who is eligible for deferred prosecution in Texas, and who makes the ultimate decision? Read on to learn more deferred prosecutions and how a top-rated Fort Worth criminal defense lawyer can help.

Understanding Deferred Prosecution in Texas

Deferred prosecution is a type of extra-judicial agreement the prosecutor may choose to offer to someone who’s accused of a crime. 

Here are some of the main points to understanding how deferred prosecution works:

  • Deferred Prosecution Is Initiated by the Prosecution – The prosecutor’s office may decide to pursue deferred prosecution for cases where it may be beneficial to the prosecution, the defendant, and society at large. For example, if the prosecution believes there’s a high chance the jury will submit a not-guilty plea. 
  • During the Duration of Deferred Prosecution, Your Charges Are Conditionally Dropped – The prosecutor may elect to defer prosecution for a period of time, usually 12-24 months, while the defendant completes a court-ordered intervention, such as counseling or therapy
  • If Conditions Are Met, the Charges May Be Dropped – Upon successful completion of the terms of the deferred prosecution, the prosecutor may take no further action. However, if the defendant fails to comply with all conditions, they could be sentenced according to the guidelines of the crime for which they stand accused. 

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 amount of new prisoners brought into incarceration. As the defendant, you get the chance to avoid the most serious consequences of a criminal conviction, such as jail time. 

You may be eligible for deferred prosecution if you stand accused of a crime. However, this process is not automatic. Having the help of a skilled attorney could help you find out if deferred prosecution is a possibility for you.

Contact a Criminal Defense Lawyer in Texas

Are you facing criminal charges? An experienced criminal defense lawyer with The Law Offices of Jeff C. Kennedy can provide you with a robust legal defense. 

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


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