If you are facing criminal charges for the first time in your life, you should talk to your criminal lawyer about a deferred prosecution. This is also called a deferred adjudication or a pretrial diversion, and this is one of the best outcomes you can get from criminal charges. Here are several important things you should understand about deferred prosecutions and how they work.
What Is a Deferred Prosecution?
A deferred prosecution is something you can receive as the verdict in your criminal case, and it is an alternative to pleading guilty or not guilty. If you can get a deferred prosecution, you may have to plead guilty at first, but the guilty verdict will not stick. In exchange for the diversion, you must agree to do something in return for the court agreeing to the diversion.
For example, instead of pleading guilty to a drug charge and going to trial for it, you could agree to do the following things in the next year:
- Attend drug rehab for a certain length of time
- Attend outpatient drug rehab after you complete inpatient treatment
- Complete a certain number of community service hours
If you complete these steps within the time the court gives you, you will go back to court, and the court will dismiss your charges. If you had to plead guilty initially for this program, the court would wipe out the guilty verdict by dismissing your case.
There are many different types of steps you might have to agree to, and the steps the court requests are typically based on the nature of the crime. For example, if the crime involved violence, you might have to take an anger management course. If it involved theft, you might have to take a class relating to theft prevention.
How Will This Affect Your Future?
If the court agrees to a deferred prosecution, you will not have criminal charges placed on your record. You will never have to worry about this particular crime again; however, that is only true if you abide by the agreement you make.
Therefore, your immediate future might be affected in some ways if the court grants you a diversion. The changes that you may have to make in your immediate future will be outlined in detail on the diversion plan the court gives you. You will have to complete every single step you agreed to if you want the court to dismiss your charges.
If you fail to do your part in the agreement, the court will continue pursuing your case, and you might end up going to trial for the charges. If you agree to a diversion plan, it is essential that you complete the steps you agreed to.
How Can You Get This Type of Deal?
In order for the court to agree to a diversion plan, there are several factors they will look at. First of all, they will look at your criminal record. If this is your first crime, they will be more likely to agree to it. Secondly, they will look at the nature and severity of the crime. If the crime committed was minor, they may also agree to it.
If you talk to a criminal lawyer, you can ask him or her if you should try pursuing this option. If your lawyer thinks there is a good chance the court will agree to it, your lawyer will help you through the process.
If you are facing criminal charges and have not yet talked to a criminal lawyer, you should contact one quickly. To learn more about your options, contact a criminal law firm like FUNDERBURK AND LANE in your city today.
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