District Attorney's Office Role
The District Attorney's office works in conjunction with OIG to determine if a court case is feasible.
Courts may set the length of disqualification; courts may also stipulate a repayment plan. This repayment plan may not be renegotiated. If the client fails to comply, BIR staff may refer the case back to the district attorney's office.
Any district attorney who enters into a deferred adjudication* or who negotiates for a deferred sentence* with a defendant charged with fraud must present the defendant with a disqualification consent agreement as part of the deferred adjudication or sentence.
*Deferred adjudication is a plea deal where a defendant pleads guilty or no contest to charges in exchange meeting certain requirements laid out by a court.In exchange for meeting these within a time period, the defendant may avoid a formal conviction or have their case dismissed.
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation.If the probation is completed, the judge may throw out the sentence and guilty plea – clearing the incident from their record.