A Deferred Prosecution Program, often called a DPM, is an alternative path within Oklahoma’s criminal justice system. It represents a voluntary agreement that allows an individual accused of a crime to avoid a formal conviction. Instead of proceeding directly to trial or a guilty plea, the prosecutor’s office agrees to suspend the case. This suspension is granted in exchange for the individual’s commitment to fulfill a specific set of requirements over a predetermined period.
Understanding Deferred Prosecution Programs in Oklahoma
A Deferred Prosecution Program operates as a formal contract between the District Attorney’s office and an accused person. This arrangement effectively pauses the criminal case before a final judgment is made. If the individual successfully abides by all terms outlined in the agreement, the state dismisses the charges, allowing the person to avoid a criminal conviction on their record. These programs are designed to promote rehabilitation, lessen the burden on the court system for certain offenses, and provide a second chance, particularly for non-violent or first-time offenders.
The availability and specific structure of a DPM can differ across Oklahoma, as each District Attorney’s office is responsible for establishing its own guidelines. The agreement requires the accused to waive certain rights, such as the right to a speedy trial, in exchange for the opportunity to have the case dismissed.
Who Qualifies for a Deferred Prosecution Program in Oklahoma
Eligibility for a Deferred Prosecution Program in Oklahoma is not guaranteed and rests largely on the discretion of the District Attorney. Prosecutors give priority to individuals facing charges for the first time and those accused of non-violent crimes. The decision-making process involves a review of the case and the individual’s background.
Several factors are weighed to determine if a person is a suitable candidate. The prosecutor assesses the strength of the evidence, the nature of the offense, and any unique characteristics of the accused. They also consider whether the individual is likely to cooperate and benefit from the program’s requirements, the impact on the community, and the opinion of the victim and law enforcement.1Justia Law. Oklahoma Statutes §22-305.1 – Deferred Prosecution Programs – Guidelines – Factors Considered Individuals with a history of felony convictions may face greater hurdles, though waivers are sometimes possible depending on the circumstances.
Common Terms and Obligations in a DPM Agreement
Entering a DPM involves a formal agreement with legally binding conditions tailored to the specifics of the case. These obligations are designed to address the underlying issues related to the alleged offense and ensure accountability. Common requirements include:
- Paying restitution to any victims to cover their financial losses.
- Completing a set number of community service hours.
- Paying program and supervision fees, though these may be waived for individuals who are unable to pay.2Justia Law. Oklahoma Statutes §22-991d – Supervision Fee
- Attending regular check-ins with a supervising officer.
- Remaining employed or enrolled in an educational program.
- Participating in counseling or treatment programs, such as for substance abuse or anger management.
- Submitting to random drug and alcohol screenings.
- Committing no new criminal offenses during the program period.
Successfully Completing or Failing a DPM
Successful completion occurs when an individual fulfills every single requirement within the agreed-upon timeframe, which can last up to three years. When all obligations are met, the District Attorney’s office formally dismisses the original criminal charges.3Justia Law. Oklahoma Statutes §22-305.2 – District Attorney Deferred Prosecution This is the primary benefit of the program, as it allows the person to legally state they were not convicted of the crime.
Failing to adhere to any condition of the agreement results in termination from the program. Committing a new offense, failing a drug test, or not completing required classes or payments are common violations that lead to failure. When this happens, the original criminal prosecution is reinstated and proceeds from where it left off.4Justia Law. Oklahoma Statutes §22-305.3 – Termination of Deferred Prosecution Agreement