If you’re facing criminal charges, you may be wondering: What is a deferred prosecution?
A deferred prosecution is a voluntary agreement between a defendant and a prosecutor to delay criminal charges if the defendant meets specific conditions. If the defendant successfully fulfills these requirements—such as completing rehabilitation programs, community service, or probation—the charges may be dismissed. This alternative to traditional prosecution aims to reduce incarceration rates and prevent future offenses.
With decades of experience in criminal defense, I’ve helped countless clients secure deferred prosecution agreements to avoid long-term criminal records. Let’s explore how deferred prosecution works and whether it may be an option in your case.
Understanding What Is Deferred Prosecution
Deferred prosecution is a legal arrangement within criminal law where criminal charges are temporarily suspended. If the defendant successfully completes certain conditions, the charges may be dismissed. This can be a beneficial option for individuals facing criminal accusations. Key factors affecting eligibility include the nature of the crime, the defendant’s criminal history, and willingness to comply with conditions.
If you were arrested for a criminal offense in Michigan, the legal process may be frightening and uncertain. For some who are accused of crimes, deferred prosecution may be an effective solution. This agreement allows a charge to be dropped under certain terms. It may be reassuring to have as many options as possible to either lessen or avoid prosecution.
Deferred prosecution allows defendants to avoid formal charges if they meet conditions like probation, paying fines, or completing community service. If they successfully fulfill these terms, the charges are dismissed, helping them avoid a criminal record and severe penalties. This option is often available for first-time or non-violent offenses.
A Michigan criminal defense attorney can provide details on how deferred prosecution works for your specific situation, but you can read on for some background.
The Deferred Prosecution Program in Michigan
Is Deferred Prosecution a Conviction?
Deferred prosecution or delayed sentencing in Michigan is a type of plea bargain or diversion program that enables a person to avoid the harshest implications of a criminal conviction. An agreement is made between the judge, attorneys, and the defendant in which the defendant will plead guilty in exchange for a lesser sentence. In some jurisdictions, agencies like the Serious Fraud Office play a crucial role in implementing deferred prosecution agreements for serious offenses.
Why Consider a Deferred Prosecution Arrangement
Someone accused of wrongdoing might agree to this type of plea bargain instead of going to trial, which could carry the risk of a lengthy sentence and high fines. In some cases, the defendant may be required to pay restitution to the victims as part of the agreement. Plus, there are collateral consequences for a criminal case, not to mention the time and embarrassment of a public trial.
You could avoid these with deferred judgments. Though you might enter a guilty plea initially, the charges are dismissed upon successful completion of the program. Many people consider a plea agreement to be much more preferable than the alternative.
Your Obligations Under a Deferred Prosecution Agreement
In a deferred prosecution, the defendant agrees to adhere to a specific set of conditions outlined by the court over a Agencies like the Serious Fraud Office may oversee the compliance of these agreements, especially in cases involving economic crimes. If the person fulfills these requirements without incident, the case is dismissed.
Deferred prosecution may be especially beneficial for younger defendants. For example, an underage minor who was arrested for drunk driving might agree to the following terms:
Losing his driver’s license until age 18
Taking an alcohol education class
Doing community service
Refraining from drinking, parties, bars and other drinking-related activities until age 21
If the person fulfilled each of these responsibilities, then his case would be tossed out and he could continue his life with a clean record. If, however, he was caught a couple months after his arrest drinking with friends, then the deferred prosecution plea would be invalidated and he could find himself facing the full consequences of his original arrest, in addition to any further penalties for being caught again.
Benefits and Limitations of Deferred Prosecution
The New York Times cites deferred prosecution as an effective tool to reeducate and reform those who are willing to appreciate the second chance they are being given. Often, deferred prosecution involves counseling and educational opportunities, as well as a chance to make a positive change in the community by doing services or public speaking. These activities may be enough to inspire some to make ongoing changes in their lives. Some, however, say that deferred prosecution helps people avoid the consequences of wrongdoing and does not provide justice to the victims of a crime.
When used wisely, deferred prosecution may allow a defendant to learn from his or her mistakes and avoid making poor choices in the future. An experienced Michigan defense attorney should be able to advise clients of this option.
Does a Deferred Prosecution go on Your Record?
Am I Eligible for Deferred Prosecution or Deferred Judgment?
Eligibility for deferred prosecution or deferred judgment in Michigan depends on several factors, including:
The nature of the crime: Some crimes, such as violent felonies or those involving substantial harm to others, may not be eligible for deferred prosecution.
The defendant’s criminal history: Individuals with a prior criminal record may be less likely to be granted deferred prosecution, so only first-time offenders typically qualify.
The defendant’s willingness to comply with the terms of the agreement: The defendant must demonstrate a commitment to fulfilling the conditions of the deferred prosecution or deferred judgment.
If you are facing criminal charges in Michigan, it’s crucial to consult with a qualified criminal defense attorney. They can assess your specific circumstances and determine if deferred prosecution or deferred judgment is a viable option for you.
A Deferred Judgment Will Still Impact Your Life
While a deferred judgment may seem like a positive outcome, it’s important to understand that it can still have significant consequences. Even if the charges are eventually dismissed, a deferred judgment will remain on your record. This can affect your ability to obtain employment, housing, or professional licenses.
Additionally, if you violate the terms of the deferred judgment, the original charges could be reinstated. This can result in serious legal penalties, including imprisonment.
It’s essential to carefully consider the potential consequences of deferred prosecution or deferred judgment before making a decision. A skilled criminal defense attorney can help you weigh the pros and cons and choose the best course of action for your situation.
Deferred Disposition vs. Deferred Judgment
While often used interchangeably, deferred disposition and deferred judgment have subtle differences:Deferred Disposition:
Typically applies to misdemeanors
The defendant pleads guilty or no contest
The court withholds finding of guilt
Upon successful completion, the case is dismissed
Deferred Judgment:
Can apply to both misdemeanors and felonies
The defendant pleads guilty
The court accepts the plea but defers entering judgment
Upon successful completion, the guilty plea is withdrawn and the case is dismissed
Understanding these distinctions can help defendants make informed decisions about their legal options.
The Long-Term Impact of Deferred Prosecution Agreements
While deferred prosecution can offer immediate benefits, it’s crucial to consider the long-term implications:
Background checks: Some employers or landlords may still see the initial arrest or charges.
Professional licenses: Certain professions may require disclosure of deferred prosecutions.
Immigration consequences: Non-citizens should consult with an immigration attorney, as deferred prosecution may affect visa or citizenship applications.
Future legal proceedings: If charged with a subsequent offense, prosecutors may consider the deferred prosecution in their decision-making.
Expungement eligibility: In some jurisdictions, cases resolved through deferred prosecution may be eligible for expungement sooner than traditional convictions.
Consulting with an experienced attorney can help you navigate these long-term considerations.
Speak to a Skilled Michigan Criminal Defense Attorney
This information should provide answers to those asking, How does deferred prosecution work in Michigan? If you are facing criminal charges in Michigan and want to explore the possibility of deferred prosecution, it’s critical to retain experienced representation to defend your rights. With assistance from David G. Moore, Attorney at Law, you receive expert guidance and counsel, enabling you to make informed decisions.
Your future is important. Trust the team at D.G. Moore to provide the strongest defense possible. Please call (269) 808-8007 or schedule a free consultation online today.
