Criminal Defense of Immigrants

(B)  Definition of Deferred Prosecution.  Deferred prosecution is a phrase that describes a situation in which prosecution and defense negotiate an agreement with the following elements:

                (1)  No plea of guilty or no contest is entered.

                (2)  The defendant makes no admission of facts sufficient to support a conviction for any offense.

                (3)  The defendant waives any right to speedy disposition of the criminal case.

                (4)  Both sides agree to postpone criminal proceedings for an agreed-upon period, such as six months or one year, during which time the defendant will comply with certain conditions.  These conditions can be simple, such as “obey all laws,” or more demanding, such as successful completion of a residential drug program or payment of specified restitution.

                (5)  The initial agreement provides that if the defendant successfully complies with the specified conditions during the period of deferred prosecution, the prosecution will dismiss all charges without entry of a plea or verdict.

(6)      The court postpones the case for the agreed period.

(7)  After successful completion of the deferred prosecution agreement, the prosecution moves to dismiss all charges.  Typically, the prosecution has virtually total authority over the bringing and dismissal of charges, and the court will generally have no authority to refuse to dismiss charges when both sides agree.