What Is Deferred Prosecution for Texas Juveniles?

 Posted on February 16,2022 in Juvenile Law

Finding out that your minor child has been arrested can be terrifying. You may be worried not only about having your child locked up in a juvenile detention center, but also about how this will affect their future. Colleges and trade schools, as well as employers, may consider a person’s juvenile record. No matter which path your child plans to take after high school, a juvenile conviction could get in the way. You should also know that if your child was at least 14 years old at the time of their alleged offense, there is a risk that they could be tried and sentenced as an adult.

Texas does have a program called “deferred prosecution.” This program could provide a way to have the charges ultimately dismissed. There are steps an attorney can take to try to help your child get into this program.

How Does Deferred Prosecution Work?

In general, deferred prosecution allows juvenile offenders to have their charges dismissed after successfully completing probation. It is typically only available to first-time juvenile respondents. When an alleged juvenile offender is accepted into this program, the prosecution against them is paused. The juvenile is not required to enter a guilty plea to be accepted for deferred prosecution, which could protect them later. Should your child successfully complete their period of probation, the charge is dismissed.

However, should your child violate their probation, the prosecution resumes and they will have to answer for the original charges. Fortunately, having not entered a guilty plea, there is still an opportunity for a defense to succeed.

What is the Program Like?

Usually, the period of probation lasts three to six months. Your child would need to regularly meet with their probation officer. Additionally, the probation officer may make visits to your home or your child’s school. There may be other conditions, like routine or random drug testing. A new arrest would also be considered a violation.

Juvenile probation officers may also seek out community resources to help your child succeed and avoid future law-breaking. Mental health care is often recommended, as mental health is often a factor in the original offense. It is important to make sure that your child complies with all conditions of their probation and takes advantage of the resources offered.

Deferred prosecution is almost never offered a second time. If your child’s juvenile law attorney is able to get your child into this program, it is important to take it very seriously and ensure compliance.

Call a Karnes County Juvenile Law Attorney

If your child is facing criminal charges, BRCK Criminal Defense Attorneys can provide high-quality representation. Our skilled Karnes City juvenile law lawyers will fight to secure this opportunity at a second chance for your child. Call 830-769-1010 for a free initial consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.53.htm