The Deferred Prosecution Program offers those who are determined to be moderate to high risk for re-offense, based upon the results of one or more scientifically validated criminal re-offense risk assessment scales and who are not excluded by criteria, the opportunity to have their judgment of conviction deferred for their provable charge, which is not subject to legitimate 4th, 5th or 6th amendment claims, until such time as the individual has successfully demonstrated their ability to lead a pro-social, law abiding life. All participants in the Deferred Prosecution Agreement (“DPA”) Program are required to have the assistance of legal counsel and will complete and sign a written agreement. Those who are not successful in the DPA will be prosecuted for their provable charge. By virtue of the assessed risk level and/or nature of the offenses committed by individuals who might participate in this program, a permanent record of these individuals’ arrest will be maintained, regardless of successful completion of the DPA.