Securing a Deferred Prosecution Agreement (DPA) for Juvenile Offenders in Wisconsin
A Deferred Prosecution Agreement (DPA) allows a juvenile in Wisconsin to avoid a formal delinquency record. If the minor successfully completes agreed-upon conditions, such as community service and restitution, the petition is dismissed and the court case is closed without a conviction.
When a teenager makes a terrible mistake, one bad decision should not ruin their chances of getting into college, joining the military, or finding a good job. In Wisconsin, the juvenile justice system offers a highly beneficial mechanism for first-time or low-level offenders to avoid the devastating consequences of a formal delinquency adjudication. This tool is known as a Deferred Prosecution Agreement (DPA).
Whether the offense occurred in Waukesha, Oshkosh, or Eau Claire, a DPA serves as a formal contract between the juvenile, their parents, the intake worker, and the district attorney. By signing this agreement, the state essentially presses pause on the prosecution. If the juvenile proves they can rehabilitate themselves by following strict rules, the state will dismiss the case entirely. Understanding how to navigate the intake process to secure a DPA is critical to protecting a young person's future.
Step-by-Step Process to Secure a DPA in Wisconsin
Under Wis. Stat. § 938.245, an intake worker or prosecutor may enter into a deferred prosecution agreement if they believe the public and the juvenile will be better served without formal court intervention. This process begins immediately after an arrest or citation.
Step 1: The Juvenile Intake Meeting
After an incident, the juvenile and their parents will be summoned to an intake inquiry with a county social worker. For example, you may be required to attend a meeting at the Waukesha County Department of Health and Human Services, Waukesha. The intake worker assesses the minor's home life, school attendance, and attitude. Having a defense attorney present at this meeting is highly recommended to advocate for a DPA instead of a formal delinquency petition.
Step 2: Negotiating the Terms
If the intake worker and prosecutor agree, they will draft Form JD-1706, Wisconsin, Circuit Court, Deferred Prosecution Agreement. The juvenile is not required to admit guilt to enter a DPA, but they must agree to the obligations listed. The terms are non-negotiable once signed, so your attorney must ensure the conditions are realistic for your child to achieve.
Community Service Requirements
Almost all DPAs require the juvenile to give back to the community. This often involves completing 20 to 50 hours of community service at an approved non-profit organization. The teenager must log these hours meticulously and submit signed proof to their assigned social worker before the agreement expires.
Restitution Payments in DPAs
If the offense involved property damage (such as vandalism or theft), the DPA will absolutely require restitution. The juvenile must pay back the victim for their out-of-pocket losses. As established in general restitution principles seen in cases like In Interest of R.W.S., 162 Wis. 2d 862 (WI Supreme Court 1991), courts emphasize accountability. The DPA will require the juvenile to make scheduled payments, often requiring them to find a part-time job.
What Happens if a Teen Violates DPA Terms
A DPA is a serious legal contract. If the juvenile skips school, fails a drug test, ignores curfew, or gets arrested again, the intake worker will cancel the DPA. If the agreement is canceled, the district attorney will immediately file a formal delinquency petition based on the original charges, and the minor will be forced to stand trial before a juvenile court judge.
How Much Does a Juvenile Defense Attorney Cost?
Hiring private counsel to secure and negotiate a DPA is an investment in your child's clean record.
- Attorney Fees: For representation during the intake process and DPA negotiation, attorneys in our directory generally charge a flat fee ranging from $1,500 to $3,500.
- Restitution: You must be prepared to pay the full restitution amount demanded by the victim, which varies depending on the property damaged or stolen.
- Program Fees: Some counties charge small administrative fees or require the family to pay for specialized counseling or anger management classes out of pocket.
How Long Does a DPA Last?
Under Wis. Stat. § 938.245(2)(b), a Deferred Prosecution Agreement may not exceed one year and cannot be extended under Wisconsin law. All agreed conditions, including community service hours and restitution payments, must be completed within this strict one-year period. Once all terms are met and the time period expires, the case is officially closed without formal court petition.
Frequently Asked Questions (FAQ)
Does a DPA show up on a criminal background check?
No. Because a DPA is handled prior to a formal delinquency adjudication, and juvenile records are generally confidential, it will not appear on a standard public criminal background check for employment.
Do I have to admit guilt to get a Deferred Prosecution Agreement?
No. Wisconsin law explicitly states that entering into a DPA does not constitute an admission of guilt, and the agreement cannot be used as evidence against the juvenile if the case later goes to trial.
Can the prosecutor deny a DPA even if the intake worker recommends it?
Yes. The district attorney has the final authority to approve or reject a DPA. If the prosecutor believes the crime was too severe, they can override the intake worker and file a formal petition.
Can parents be held responsible for restitution if the teen cannot pay?
Yes. Under Wisconsin law, parents can be held civilly liable for damages caused by their minor children, and failing to pay the agreed restitution could impact both the juvenile's DPA status and the parents' finances.
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