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On any given day in District Court, defendants make their first appearance after being charged with various misdemeanor offenses. Often times, these defendants have no prior criminal record, and are unfamiliar with basic courtroom procedure. Additionally, these defendants often appear for the first time without consulting a lawyer.

The prosecuting attorney in court will typically announces that those who "have no prior criminal record" may request consideration for deferred prosecution. If it is determined by the prosecutor that the defendant qualifies for a deferred prosecution, the defendant can choose to enter into an agreement with the Prosecutor in exchange for dismissal of the case.

This sounds like a good deal to most defendants, a chance to have the charge dismissed, and the opportunity to not have a conviction on their record. However, entering into any such an agreement with the prosecutor may not be the best resolution of the case and may have hidden negative consequences.

What is a Deferred Prosecution?

A Deferred Prosecution is a written agreement entered into by a criminal defendant with the prosecutor's office. This agreement requires the defendant to make an ADMISSION OF GUILT in exchange for the chance to have the case dismissed. This is significant especially for individuals with immigration issues because entering into a deferred prosecution agreement is considered to be a conviction in the eyes of the immigration courts. Additionally, this ADMISSION OF GUILT can be used against the defendant if he/she chooses later to have a trial in the case.

If the defendant makes the ADMISSION OF GUILT and the judge accepts the agreement, the defendant is placed on probation. This probation period typically lasts 6 months and will often require the defendant to complete community service hours, pay court costs and fines, attend a counseling program, not commit any new criminal offenses; in addition to many other rules on the agreement. A successful completion results in a dismissal of the case, while a violation results in a hearing. If found in violation by the Court, the defendant can choose to plead guilty and be sentenced on the matter, or plead not guilty and ask the court for a trial in which the prior ADMISSION OF GUILT will be used as evidence against the defendant.

Is there a better alternative than a Deferred Prosecution?

Often times, if a defendant is represented by an attorney, the attorney will be able to properly investigate the case to determine if accepting a deferred prosecution is in the defendant's best interest. The attorney may also be able to negotiate a less formal agreement that does not require an ADMISSION OF GUILT. The bottom line is always consult an attorney before entering into any agreement with the prosecutor.

Call Paul Shaner at (336) 831-1914 for questions about deferred prosecution probation or any other Criminal matters.