Defendants petitioning the court to enter into a Deferred Prosecution must schedule an appointment with the probation department before their court date. The probation department will review the alcohol/drug or mental health evaluation, confirm treatment is started or has a start date and assess if the defendant is a good candidate for Deferred Prosecution.
If a defendant is granted a Deferred Prosecution, the defendant will be on probation for 5 years. Generally the 1st year is supervised; the remaining 3 years are unsupervised. The Defendant is required to complete a two-year Deferred Prosecution Alcohol/Drug Treatment Program. During these first two years, monthly reports are sent to the probation office confirming compliance with the treatment program.
The defendant is expected to remain abstinent from alcohol and drugs for the entire 5-year probationary period. If at any time during the 5-year probation period the defendant fails to remain compliant with the abstinence order and/or treatment program conditions, or commits any further criminal traffic violations, a motion to revoke the deferred prosecution will be filed with the court. The defendant is subject to random drug and alcohol testing throughout the duration of the deferral period.
Dismissal of the Case
If the defendant successfully completes the Deferred Prosecution order, the case will be dismissed at the end of the 5-year period.