Texas DA Uses “Deferred Prosecution” in Felony Cases


Under a “deferred prosecution” initiative started by District Attorney Rosemary Lehmberg in Austin, Tx., some accused felons can have their case dismissed if they stay out of trouble for a year and satisfies a tailored set of conditions, such as community service and restitution, says the Austin American-Statesman.

Prosecutors have accepted 47 defendants into the program. A majority are charged with theft or drug possession. “We’ve operated a very successful drug court program for some time which allows for completely cleaning your record but it’s only for those who have addiction,” Lehmberg said. “Why not offer at least the same opportunity for those who aren’t addicted but who make that same mistake and take total responsibility for it?”

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