By Collin County Criminal Defense Lawyer Jeremy Rosenthal
In Texas juveniles (under the age of 17) that are alleged to have committed crimes can be considered for what is known as “Deferred Prosecution” under Texas Family Code 53.03.
Deferred prosecution means that the juvenile completes an informal probation with the county and if that probation is successfully completed, then the charges are dismissed and not formally prosecuted. If the juvenile cannot successfully complete the deferred prosecution, then they can be formally prosecuted.
Deferred prosecution for juveniles is better than deferred adjudication is for adults in adult proceedings. In the adult world, the accused pleads guilty to the underlying charges but forever waives their ability to contest the original charges. Also, in the adult-system, the accused must gain the consent of the prosecutor to get deferred adjudication — not so in the Juvenile Court. In Juvenile Court, the…
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