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Deferred Prosecution Agreement

By: WISCONSIN LAW JOURNAL STAFF//May 20, 2024//

Deferred Prosecution Agreement

By: WISCONSIN LAW JOURNAL STAFF//May 20, 2024//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. S. R.

Case No.: 2023AP001110

Officials: Donald, P.J.

Focus: Deferred Prosecution Agreement

The Court of Appeals affirmed the Circuit Court’s decision to dismiss a delinquency petition against 14-year-old S.R. (referred to as Susan) and refer the matter for a deferred prosecution agreement (DPA). The State had charged Susan with second-degree recklessly endangering safety, attempting to flee or elude an officer, and obstructing an officer after she fled from police in a vehicle, resulting in a crash.

Susan’s counsel moved to dismiss and seek a DPA, citing her young age, lack of prior record, good academic performance, low risk to reoffend, and participation in therapy. The State argued that a DPA would not hold Susan accountable or protect the community, given the seriousness of her actions. However, Susan’s favorable predisposition supervision, strong family support, and academic achievements were highlighted.

The Circuit Court noted Susan’s positive attributes and lack of prior offenses. The court acknowledged the seriousness of the offense but found that a DPA would serve both Susan’s and the public’s best interests. The court emphasized Susan’s low risk to reoffend, her significant achievements, and the potential benefit of receiving services without further court involvement.

The Appeals Court found that the Circuit Court had properly exercised its discretion, considering all relevant factors and reasonably concluding that a DPA was appropriate. The decision was based on a thorough assessment of Susan’s background and the public interest, ultimately determining that the DPA would help her avoid future negative behavior while addressing her needs.

Affirmed.

Decided 05/14/24

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