Opinion No.

Office of the Attorney General — State of Texas John Cornyn Ms. Suzanne N. Bauer Hopkins County Auditor P.O. Box 288 Sulphur Springs, Texas 75483

Re: Whether a prosecutor may defer prosecution of a violation of the law contingent upon the offender's donation of money to a governmental or nonprofit organization, and related questions (RQ-1056)

Dear Ms. Bauer:

You ask whether a prosecutor, specifically the Hopkins County Attorney, may agree with an individual arrested on a misdemeanor charge to refrain from prosecuting a violation of the law if the offender contributes money to the county or…