Rico certainly tried to help you. However, I think that he forgot that he actually escaped from the confines of law school. Out here, we speak like PEOPLE when we are speaking to PEOPLE. The purpose is to actually communicate ideas that people understand.
Your question is, "can I take a deferred prosecution for two charges? One in one city, another in a different city?"
First, I assume that you know that a deferred prosecution is an agreement between the prosecutor and the defendant to put everything on hold for a period of time on certain conditions. For example, if the agreement called for you to remain law abiding for one year, and you remained law abiding for one year, the prosecutor would issue a dismissal of the charge(s). However, if the you violated the agreement, the prosecution would be reinstated as though there never was any agreement.
Now to your question: A deferred prosecution is about the best result you can get from criminal charges short of an outright dismissal. Your question does not provide enough information for me to know whether the charges are related to the same incident.
If you are asking whether you can take a deferred prosecution for both charges-- absolutely--if that is what both prosecutors are offering. That is YOUR decision. No one can stop you. And I am certainly not your lawyer or giving legal advice.
Most lawyers would tell their clients that they would be crazy not to accept that offer, because it does not result in a criminal conviction unless you screw up and the case is reinstated. And, you do not have to admit any type of guilt.
If you have jurisdictional questions, ask your attorney. If you want to seek information here on that issue, your best bet is to provide hypothetical detail as to the date/location/similarity of the alleged offenses --your initial posting did not provide sufficient information to answer that question.
2006-12-22 18:22:47
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answer #1
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answered by snowdrift 3
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I am going to presume you are referring to a diversion agreement in which a defendant is allowed to defer or avoid prosecution by completing stipulations of an agreement for a specified duration of time. If both cases fall under the authority of a single jurisdiction, such as a county or state court, then you may be eligible. If the two jurisdictions in which the crimes were alleged to have occurred are separate, you may not be eligible and each will try for their pound of skin. Check with your local district attorney.
2006-12-22 20:37:42
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answer #2
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answered by rico3151 6
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