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Kane County State's Attorney's Office - Joseph McMahon, State's Attorney

Deferred Prosecution

The Kane County State's Attorney's Office has been a leader in developing and implementing deferred prosecution programs for non-violent, first-time offenders. Our deferred prosecution programs hold offenders accountable without ignoring the needs of victims. Offenders who are prepared to accept responsibility for their actions have an opportunity to learn from their actions and are given a second chance to keep their record clear of a criminal conviction, which can have a devastating, lifelong impact.

Our deferred prosecution programs have proven to be very beneficial to the offenders they restore to society, as well as to the citizens who receive financial relief in the form of restitution. In addition, the program relieves overcrowding in the jails and caseloads in the courtrooms, thereby reducing the financial burden to the public. The continued success of the programs relies on support from the criminal justice system and the community.

Our office began offering deferred prosecution programs in October 1995. Since then the number of programs has grown to five, and about 80 percent of the roughly 5,000 participants have successfully completed the programs.

Programs have specific expectations for successful completion, such as counseling and community service. Programs also have disqualifying factors, such as the offender's criminal history and the severity of the crime.

Programs require an application fee that can be adjusted based on the offender's ability to pay.

All applicants are screened and must be accepted into the program. Upon successful completion, the state's attorney agrees to dismiss pending charges against the defendant. Negative termination means prosecution of the criminal case will resume.

Follow the links below for specific information about each deferred prosecution program.

To learn if you meet preliminary eligibility requirements, call (630) 232-3500 and ask for Michelle Halbesma, the program director.