Some people charged with minor crimes can request a deferred disposition. A deferred disposition generally allows a defendant to have a case dismissed after completing certain requirements. The exact requirements will depend on the charge, the case’s circumstances, and the deferral type.
There are several types of deferred dispositions. These include a deferred entry of judgment, a deferred prosecution, and a deferred adjudication. A Louisville criminal defense attorney can explain if a deferred disposition is available in your case.
You may not know the nuances between the different types of deferred dispositions. However, it is important to understand the different vocabulary that may be used in your case. A defense attorney can always explain the ins and outs of deferred dispositions and how they may apply in your case.
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Deferred Entry of Judgment
Criminal cases end with an entry of judgment. The judgment can be either a finding of guilty or not guilty. It may be entered after a plea or at the end of a trial.
A deferred entry of judgment happens when the judge delays entering a finding of guilt. This delay allows the defendant to complete certain requirements. If the requirements are met, the judge can dismiss the case. That means that the defendant avoids a criminal conviction.
To have the opportunity for a deferred entry of judgment, the defendant may waive their right to a trial and plead guilty or no contest to the charge. The judge then continues the case for some time without entering judgment.
If the defendant fails to meet the requirements of the deferral, the judge will enter a finding of guilt and proceed to sentencing.
Deferred Prosecution
A deferred prosecution is a much less formal process than a deferred entry of judgment. With a deferred prosecution, there is an agreement between the prosecutor and the defense attorney. The agreement is to delay prosecuting the case.
Similar to a deferred entry of judgment, the defendant will usually meet some requirements such as:
- Paying restitution
- Paying a fine
- Completing drug treatment
- Getting mental health treatment
- Staying out of trouble
- Writing an apology letter
- Volunteering
- Avoiding certain people or places
If the defendant meets these requirements, then the prosecutor will ask the court to dismiss the pending charges. They may also avoid charging the defendant altogether.
Deferred Adjudication
A deferred adjudication is similar to a deferred entry of judgment. In some cases, the court may consider it the exact same thing.
With a deferred adjudication, the court will defer a finding of guilt so that the defendant can complete certain requirements. If the defendant does so successfully, then the judge will dismiss the case. Most judges require a defendant to plead guilty or no contest to be eligible for a deferred adjudication.
Who Can Ask for a Deferred Disposition?
Under Kentucky law, someone charged with a first or second possession of a controlled drug may qualify for a deferred disposition. The case can be deferred up to 2 years, but it may be less.
To request a deferred disposition, the defendant must ask for it using the appropriate form, and the prosecutor must agree. As a condition of the deferral, the defendant will agree to terms laid out by the prosecutor and the court. Unlike a traditional deferred entry of judgment, the defendant does not need to enter a guilty plea.
If the prosecutor does not agree to a deferred disposition, they must have a substantial and compelling reason. Generally, the defendant must pose a public safety risk where they cannot be out on probation.
Since a deferred prosecution is an informal agreement, anyone can negotiate for a deferred prosecution regardless of their charge.
Generally, the prosecutor will only agree to defer prosecution in minor, non-violent cases that do not have a victim. If you have no criminal record, then you are more likely to be offered deferred prosecution. An experienced defense attorney can negotiate with the prosecutor for a deferred prosecution in your case.
What Happens if I Violate the Terms of My Deferral?
If the defendant’s case is deferred and they violate the terms of the deferral, then the court will usually hold a hearing. During the hearing, the judge will listen to evidence about the violation and decide what to do.
They may give the defendant a second chance, impose additional conditions, extend the probationary period, or terminate the deferral.
If the judge terminates the deferral, then one of two things will happen. If the defendant entered a guilty plea, the judge may impose the guilty plea and proceed to sentencing. If the defendant never entered a plea, then the case will proceed as usual. The defendant may opt to go to trial or accept a plea deal.
A Criminal Defense Lawyer Can Help with the Deferral Process
An experienced criminal defense attorney can provide the guidance and support you need throughout the process of seeking deferred entry of judgment, deferred prosecution, and deferred adjudication. Your lawyer can advocate on your behalf and work to ensure you comply with any necessary requirements.
Contact the experienced attorneys of Suhre & Associates DUI and Criminal Defense Lawyers at (502) 371-7000 to schedule a free consultation today.
