Bedford, TX asked in Criminal Law and Domestic Violence for Texas

Q: Would they have informed me if I violated the deferred prosecution terms when I sent in all of my paperwork?

Worried about my situation. In the "notes" section of my deferred prosecution agreement, it states that I "MUST obtain any evaluation within 2 months of the start of the DPA." I got it exactly a week after, and only a few days ago did I even notice this note. I'm almost done with the agreement and have completed all required counseling.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You can ask for confirmation of completion but they are often reluctant to do anything other than acknowledging receipt of your documentation. That said, although failing to get the assessment within the first 60 days is technically a violation, I have never seen them re-file on someone who completed all the classes by the deadline. Obviously, they could change the policy tomorrow but I doubt they would because it would just create additional work for them and there is going to be a big surge or work when the courts reopen after this COVID-19 shutdown.

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