Deferred Prosecution


The Deferred Prosecution program allows the Prosecutor to Defer Prosecuting your case, provided you complete treatment requirements ordered by the court, pursuant to an assessment you complete with a state certified treatment provider.  After all treatment components are satisfied and your Probation Services Case Manager has received evidence, from that provider, Probation Services will notify the Prosecutor, letting them know that the treatment component of your Deferred Prosecution is complete.

If this is a Driving Under the Influence case, Probation Services will continue to monitor your case for three (3) years, following the completion of treatment, conducting records checks to assure no new law violations have occurred.  Upon the completion of 24 months of Substance Use Treatment and three (3) years of clean record checks, Probation Services will notify the Prosecutor, letting them know that you have completed your Deferred Prosecution.

A DUI Deferred Prosecution will typically include the following requirements:

  • Three Phases of Substance Abuse Treatment:
    • Phase I - 72 hours of Intensive Out-Patient Treatment
    • Phase II - 26 weeks of Out-Patient treatment
    • Phase III - monthly monitoring for the remainder of the two-year treatment obligation
  • Maintain total abstinence from alcohol and non-prescribed drugs for the durations of Deferred Prosecution
  • Complete Victim’s Panel within 90 days of entering Deferred Prosecution – register at
  • Pay all fines / fees as ordered and remain law abiding for the duration of Deferred Prosecution
  • Installation of an Ignition Interlock immediately - if DOL cannot confirm ignition interlock was installed, your license can be suspended

Deferred Prosecution is sometimes pursued for Domestic Violence or Mental Health related cases.  These cases are monitored by Probation Services for the completion of treatment pursuant to an evaluation from a certified provider. When evidence is received by Probation Services that treatment is complete, Probation will advise the Prosecutor.

Prior to entering the Deferred Prosecution program, you must complete an orientation. Contact District Court at (564) 397-2424 to sign up by phone or complete the online intake form below.

Deferred Prosecution orientations occur every Tuesday at 3:00pm over Microsoft Teams and last 15–30 minutes.

You must register for the class at least 24 hours in advance. If you register for orientation less than 24 hours in advance, you will automatically be bumped to the next available orientation class.