What is the Deferred Prosecution Initiative in Tarrant County (DPI)?
May 2022 Update – The Tarrant County District Attorney has terminated this program. If you’re interested in a similar court-run diversion program, check out DPP.
The Tarrant County Deferred Prosecution Initiative (DPI) is a relatively new deferred prosecution program for first-time offenders who are facing certain drug charges (especially marijuana and THC cases), but are also “self correctors” – meaning you are motivated to rehabilitate. If you successfully complete the program, your case will be dismissed. You must be 25 years or older with no criminal history to be accepted into the program. You must also be able to sustain six months of sobriety.
The DPI program launched November 1, 2020, but was retroactive.
Your attorney can advise you if you are eligible, and walk you through the application, questionnaire, and personal statement. If you are accepted into the program, you will go through orientation and, as mentioned, must establish sobriety for six months. This is not a “supervised” program and there will not be monthly check-ins. This program is also available for people who are out of state, including airport drug cases.
NOTE: To enter the program, you must apply within 90 days of the case filing, even if you do not have a lab report. You will be giving up the right to have the underlying drug tested if the lab report is not back in 90 days. The 90 days is a hard and fast deadline.
What Can I Expect in the Deferred Prosecution Initiative?
Participants of the Tarrant County Deferred Prosecution Initiative will have to provide three drug follicle hair tests. The first hair follicle test does not have to be clean. It creates a baseline. The second hair follicle test much be substantially lower or clean. The third test must be clean.
If you live in Tarrant County, those drug tests will be provided through Community Supervision and Corrections Department without an additional fee. Individuals who cannot come to Tarrant County must go to an approved local lab at their own cost.
What is the Cost of Tarrant County Deferred Prosecution Initiative?
The cost of the DPI program is $300. The participant must also pay for law enforcement’s lab test.
Some participants will also be required to take a drug class at their expense. This is a $25 four-hour online drug and alcohol class.
What Offenses are Eligible for the Deferred Prosecution Initiative?
The following offenses are eligible for DPI:
- Most Misdemeanor Drug Cases
- Possession of Marijuana under 2 Ounces
- Possession of Marijuana under 4 Ounces
- Possession of a Dangerous Drug
- Possession of a Controlled Substance PG2 THC cases up to 400 grams
- Certain Possession of a Controlled Substance PG1 cases under 1 gram
What Disqualifies Someone from DPI?
You are ineligible for DPI if:
- You are under age 25
- Have a prior criminal history (however this can be appealed to the line prosecutor)
- Have juvenile adjudications for serious offenses.
- Have a prior diversion program.
Will I Be Eligible for an Expunction?
You will have to agree to a limited right of expunction. Your name and date of birth will be kept confidential by the Tarrant County District Attorney’s Office for five years to make sure you don’t apply for a subsequent diversion program, but this document is not disclosable and will be maintained as work product.
Multiple offenses in a single criminal episode will be considered.
Eligible for DPI? Contact Our Fort Worth Criminal Defense Attorney’s Today.
If you are facing a drug charge and think you may be eligible for DPI, contact our law firm today for free consultation. Our team has helped clients gain entry into numerous Tarrant County diversion programs. Call today to speak with an experienced drug crimes attorney about the Tarrant County Deferred Prosecution Initiative.
