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Cook County’s State’s Attorneys Office offers a unique diversion
program for adult felony offenders without a prior felony conviction who
have been arrested for committing a specified nonviolent felony offense.
The Deferred Prosecution Program diverts certain nonviolent felony defendants
into an intensive 12- month pre-indictment program and offers services
to them with the goal of these defendants avoiding future criminal behavior.
Successful completion of this program could result in the State’s
Attorneys Office dismissing the felony charge, and failing this program
results in continued felony prosecution in court.
The nonviolent offenders who would be applicable for the program must have
committed one of the following felonies:
However, a person accused of delivery of a controlled substance or intent
to deliver or manufacture a controlled substance would not be eligible.
An individual who committed a violent offense, or a crime where bodily
harm was inflicted or where force was used against anyone or threatened
against any individual, would also not be eligible.
Nonviolent offenders who may have committed the above-listed crimes would
qualify for the program if they meet the following criteria:
- No age limitation
- No prior felony conviction
- No prior misdemeanor conviction for a violent offense
- No previous participation in this program
Previous involvement in the Cook County State’s Attorneys Office
Drug School Program doesn’t disqualify a person from participating
in the Deferred Prosecution Program.
During the 12-month program, a defendant must not break the law or possess
a firearm or dangerous weapon. Likewise, he or she will have to make restitution
to the victim, obtain employment or perform 30 hours of community service,
and work toward getting a GED or vocational training. He or she may also
be required to get counseling or psychiatric treatment; pay fines, fees,
and court costs; refrain from using illegal drugs; and submit to random
drug testing. If the defendant is a minor, he or she will have to reside
with parents or in a foster home, attend school or a youth program, and
contribute to the family’s finances.
Talk to Us About Your Case Today
If you’re unsure about your eligibility for the program, talk to
one of our skilled Arlington Heights criminal defense lawyers about your
situation. Our attorneys have many years of experience working with people
accused of crimes. We know the criminal justice system inside and out
and can offer you advice on how best to proceed with your case.
To get started, talk to us in a free case consultation by calling us at
filling out our online form with your case details.