Tarrant County Alternatives to Incarceration or Traditional Probation
In 2015, Tarrant County introduced two new programs that offer an alternative to prison or jail time. These two programs are Deferred Prosecution Program (DPP) and First Offender Drug Progam (FODP). DPP is a program run by the Tarrant County Criminal District Attorney’s Office while FODP is a program under the supervision of a Tarrant County court. Both DPP and FODP are designed to help offenders keep their record clean and avoid jail or prison. Completing some of these programs are the best possible way to handle your criminal case, because you may be eligible to expunge your records sooner than a regular “dismissal.”
Deferred Prosecution Program (DPP)
Under DPP, run by the Tarrant County Criminal District Attorney’s Office, an offender is eligible for expunction of their record as soon as they complete DPP. An offender must apply for this program within 60 days of a case being filed with the District Attorney’s Office. To be eligible, a person must be between the ages of 17 and 24 years old at the time of the alleged offense with an offense date on or after June 15, 2015. The application is available online at the Tarrant County Criminal District Attorney’s website. DPP lasts 8 months for those charged with a felony offense and only 4 months for a person facing a misdemeanor. DPP provides two tracks—Track A and Track B—depending on the charged offense. A person charged with a Track A offense will be charged $125 for entry into the program. A Track B offense will cost $225.
| DPP Track A | DPP Track B | ||
|---|---|---|---|
| Possession, Manufacture, Distribution of Instrument to Commit Retail Theft | Possession of Marihuana under 2 Ounces—including Drug Free Zone | ||
| Labeling Unauthorized Record | Possession of Marihuana 2-4 Ounces—including Drug Free Zone | ||
| Theft & Theft of Service under $20,000 | Possession of Controlled Substance under 28 Grams—PG3—including Drug Free Zone | ||
| Unlawful Use of Motor Vehicle | Possession of Controlled Substance under 2 Ounces—PG2A | ||
| Fraudulent Use or Possession of Identifying Info under 5 items | Possession of Controlled Substance under 1 Gram—Penalty Groups 1-5 | ||
| Silent or Abusive Phone Calls | |||
| Burglary of Building | |||
| Credit & Debit Card Abuse | |||
| Criminal Mischief under $20,000 | |||
| Criminal Trespass | |||
| Remove, Destroy, Concealment of Writing | |||
| Evading Arrest (excludes vehicle cases) | |||
| Failure to Identify | |||
| Graffiti under $20,000 | |||
| Tampering with Governmental Record | |||
| Failure to Stop at Accident | |||
| Forgery | |||
| Furnish or Purchase Alcohol for a Minor | |||
| False Report to Police | |||
| *Contact a Tarrant County Criminal Defense Attorney for Most Up-to-Date List | |||
First Offender Drug Program (FODP)
FODP is a court program, but works like the DPP program. A first-time offender facing certain drug offenses can apply for this program regardless of age. An application must be submitted within 90 days of a case being filed with the DA’s Office. FODP lasts 6 months for felony offenses and only 90 days for those charged with a misdemeanor. If a person successfully completes FODP, they are eligible for an expunction 1 year after completion. Offenses eligible for FODP include:
- Possession of Controlled Substance under 1 Gram (like methamphetamine);
- Possession of Controlled Substance 1-4 Grams—Penalty Groups 1 & 2;
- Possession of Controlled Substance under 2 oz—Penalty Group 2A;
- Possession of Marihuana under 2 Ounces & 2-4 Ounces; or
- Possession of Controlled Substance under 28 Grams—Penalty Group 3 (Like Xanax).