Domestic Violence Deferred Prosecution Program (DVP)
In domestic violence cases in Pasco County, FL, the prosecutor might agree to enter the case into the Domestic Violence Deferred Prosecution Program (often called “DVP”).
In some cases, entering the deferred prosecution program is not the best option. An attorney can help you decide whether it might be better to better to fight the charges aggressively.
Before you decide how to resolve your misdemeanor or felony domestic violence charges in Pasco County, FL, contact an experienced criminal defense attorney at Sammis Law Firm.
We can help you learn more about the pros and cons of entering DVP after an arrest for a crime of domestic violence in Pasco County, FL.
Terms of Pasco’s Domestic Violence DVP Agreement
The terms of the DVP agreement vary from case to case. To enter the program, the State Attorney’s Office will draft a Domestic Violence Deferred Prosecution Program (DVP) agreement.
After the agreement is signed, the court will enter an order that ratifies and approves the case being entered into the domestic violence prosecution program.
The order provides that the person accused shall be released on their own recognizance subject to the conditions outlined in the agreement. The order also provides that the court retains jurisdiction over the case and the ability to enforce the agreement.
The Domestic Violence Deferred Prosecution Program (DVP) agreement might provide:
- This agreement is entered into this __ day of ______________, 2021, between Defendant, Attorney for the Defendant, and Bruce Bartlett, State Attorney, Sixth Judicial Circuit of Florida in Pasco County, FL.
- This agreement shall be effective only upon approval by the State Attorney for the Sixth Judicial Circuit of Florida.
- Defendant’s attorney having fully investigated this matter and having fully advised Defendant of his or her rights, believes it to be in Defendant’s best interest to enter into this agreement.
- It is understood and agreed that Defendant shall participate in the Domestic Violence Deferred Prosecution Program for a total period of twelve (12) months. This program will include periods of active supervision with 29 weeks of domestic violence counseling, as well as inactive supervision.
- Defendant, by and through her attorney stipulates and agrees that in consideration for entering into this deferred prosecution agreement, Defendant waives her right to a Speedy Trial in this cause.
- Defendant agrees that she is in need of counseling. For purposes of participating in this program, Defendant admits her guilt or that participation in the program is in her best interest, and the State Attorney agrees that this admission shall not be used against Defendant in the event of future prosecution.
- Defendant hereby agrees to waive any confidentiality as to her attendance and agrees to pay fees for all required counseling programs.
- In consideration of the other items and conditions of this agreement, Defendant stipulates and agrees that Defendant shall:
- Take whatever steps necessary to assure the safety and well-being of the complaining witnesses.
- Defendant shall have no further contact with the State witnesses involved in this charge, except as made known to the Domestic Violence Deferred Prosecution Program.
- Not apply for or possess any firearm or ammunition.
- Refrain from violating any law (federal, state, or local) during the period of deferred prosecution.
- Work regularly at a lawful and suitable occupation and/or participate in counseling or other programs established for her under the supervision of the State Attorney’s Office, and the Domestic Violence Deferred Prosecution Program.
- Immediately inform the Domestic Violence Deferred Prosecution Program supervisor of any change in address or employment.
- Make himself/herself available for any of the services or programs deemed appropriate by the State Attorney’s Office or its designated agency or independent contractor.
- Agree to undergo a psychological examination.
- Agree that the cost of participating in any program, including the cost of any psychological counseling, if ordered, shall be her sole responsibility.
- Agree to truthfully answer all inquiries and carry out all instructions of the Program supervisors, and hereby grants permission for the supervisor or a designated agent to visit the Defendant’s home, place of employment, school, or other location for the purpose of carrying out adequate supervision.
- Agree that as part of the program requirement, she may be obligated to appear in court prior to being released from the program.
- Agree to pay Law Enforcement Agency Investigative Costs in the amount of $104.00, through the Clerk of the Court, prior to review for dismissal.
- Agree to pay State Attorney’s Office processing fee in the amount of $100.00, through the Clerk of the Court, prior to review for dismissal.
- Agree that this agreement shall in no way operate as a contract for immunity from prosecution for the charge referred to herein. Defendant further understands that should she fail to meet the terms and conditions of this agreement, the agreement shall be void at the discretion of the State Attorney, without notice or hearing, and prosecution will then be instituted.
- Other conditions:
- Defendant shall perform 50 hours of community service.
- Attend and complete a parenting class.
- No contact with the alleged victim except for child exchange and conversations regarding the child.
- Do not consume any alcohol.
- Submit to substance abuse and psychological evaluations and treatments as required.
- It is understood and agreed that the State Attorney may, during the period of deferred prosecution, revoke and modify the conditions of this agreement by:
- Changing the period of deferred prosecution with notice to the defendant.
- Immediately institute a prosecution for the offense described herein if the defendant violates any of the terms of this agreement.
- It is agreed by all parties that, upon completion of this program, the State Attorney shall make the final determination as to further disposition of this charge.
- Both parties understand and agree that the State Attorney’s decision regarding full compliance with this agreement on the part of Defendant shall be final and cannot be reviewed by any court.
- I hereby state that the above agreement has been explained to me and that I fully understand the nature of the criminal charges against me.
- Further, I understand all the conditions of the Domestic Violence Deferred Prosecution Program and agree that I will comply with them.
This article was last updated on Wednesday, January 19, 2022.