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Tarrant County Deferred Prosecution Programs

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2015 Tarrant County Programs: Alternatives to Incarceration

Tarrant County introduced two new programs that offer an alternative to prison or jail time. These two programs are Deferred Prosecution Program (DPP) and First Offender Drug Progam (FODP). DPP is a program run by the Tarrant County Criminal District Attorney’s Office while FODP is a program under the supervision of a Tarrant County court. Both DPP and FODP are designed to help offenders keep their record clean and avoid jail or prison.

Track A Track B
Possession, Manufacture, Distribution of Instrument to Commit Retail Theft Possession of Marihuana under 2 Ounces—including Drug Free Zone
Labeling Unauthorized Record Possession of Marihuana 2-4 Ounces—including Drug Free Zone
Theft & Theft of Service under $20,000 Possession of Controlled Substance under 28 Grams—PG3—including Drug Free Zone
Unlawful Use of Motor Vehicle Possession of Controlled Substance under 2 Ounces—PG2A
Fraudulent Use or Possession of Identifying Info under 5 items Possession of Controlled Substance under 1 Gram—Penalty Groups 1-5
Silent or Abusive Phone Calls
Burglary of Building
Credit & Debit Card Abuse
Criminal Mischief under $20,000
Criminal Trespass
Remove, Destroy, Concealment of Writing
Evading Arrest (excludes vehicle cases)
Failure to Identify
Graffiti under $20,000
Tampering with Governmental Record
Failure to Stop at Accident
Forgery
Furnish or Purchase Alcohol for a Minor
False Report to Police
*More specific information can be obtained by speaking with a Fort Worth criminal defense attorney.

Deferred Prosecution Program (DPP)

Under DPP, run by the Tarrant County Criminal District Attorney’s Office, an offender is eligible for expunction of their record as soon as they complete DPP. An offender must apply for this program within 60 days of a case being filed with the District Attorney’s Office. To be eligible, a person must be between the ages of 17 and 24 years old at the time of the alleged offense with an offense date on or after June 15, 2015. The application is available online at the Tarrant County Criminal District Attorney’s website. DPP lasts 8 months for those charged with a felony offense and only 4 months for a person facing a misdemeanor. DPP provides two tracks—Track A and Track B—depending on the charged offense. A person charged with a Track A offense will be charged $125 for entry into the program. A Track B offense will cost $225.

First Offender Drug Program (FODP)

FODP is a court program, but works like the DPP program. A first-time offender facing certain drug offenses can apply for this program regardless of age. An application must be submitted within 90 days of a case being filed with the DA’s Office. FODP lasts 6 months for felony offenses and only 90 days for those charged with a misdemeanor. If a person successfully completes FODP, they are eligible for an expunction 1 year after completion. Offenses eligible for FODP include:

  • Possession of Controlled Substance under 1 Gram
  • Possession of Controlled Substance 1-4 Grams—Penalty Groups 1 & 2
  • Possession of Controlled Substance under 2 oz—Penalty Group 2A
  • Possession of Marihuana under 2 Ounces & 2-4 Ounces
  • Possession of Controlled Substance under 28 Grams—Penalty Group 3
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    Expunge Case from Your RecordWhoever your criminal defense lawyer is, that person needs to be able to explain to you how what happens in court today will impact your criminal record tomorrow. Before going to court on a criminal case, speak with an attorney about your right to expunge or seal your records.

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    Not all probation are equal. Probation with a conviction is what we commonly call “straight probation.” When the judge places you probation without making a finding of guilty this is called “deferred adjudication.” Deferred adjudication does not mean you can have the record expunged.

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