I need a detailed defined explanation of what deffered prosecution is?

Answer 1

Deffered prosecution is a program for first-time offenders on certain misdemeanors and some felony charges. The program is managed by Community Corrections (Probation/Parole), and requires an admission of guilt before a judge, payment of any restitution to the victim of crimes against person/property, court fees and any fines imposed during a deferred period. Upon successful completion, charges are dismissed by the District Attorney's Office.

Answer 2

In a deferred prosecution, the proceedings in a criminal case are put off for a period of time, say one year, subject to certain conditions. The typical condition is that the defendant not be charged or convicted of other crimes during this period. At the end of the time period, if all conditions have been met, the charges are dismissed. No plea of guilty or judgment of conviction is entered. If the defendant doesn't comply with the conditions of the deferred prosecution, the prosecution of the case continues and the defendant can either plead guilty or proceed to trial.

With a deferred judgment, the defendant must enter a plea of guilty. The case is continued for a period of time subject to certain conditions, usually including that the defendant not be convicted of another crime. If the defendant abides by the conditions, at the end of the time period the guilty plea is considered withdrawn and no judgment of conviction or sentence is entered. While the defendant is free to say he's never been convicted of a crime, the guilty plea could have possible future ramifications. For example, deferred judgments are counted in computing a defendant's criminal history score under the federal sentencing guidelines.

In addition, if the defendant violates the terms of a deferred judgment, the guilty plea is binding and the court will proceed to sentencing, without a trial. Obviously, from a defendant's standpoint a deferred prosecution is preferable to a deferred judgment. Prosecutors also offer it far less frequently.

Answer 3

It's usually a term used when the courts offer diversion instead of probation.

Let's say you get a DUI, for instance. The agreement is that you do 20 hours of community service, you complete 10 hours of 'DUI classes', you submit to urine testing once a month at random, and you keep your record 'clean' (no arrests) for a year.

During that year, the county 'defers porsecution'. In other words, you have not officially been convicted of any crime. The case is held. When you successfully complete your diversion, the case is officially dropped. It's like it never happened. The court keeps track of the fact that you've had diversion, and it won't be offered again for the same charge, but there is no official conviction on your record.

If you 'mess up', the charge is brought before the courts and you are right back where you started.

Answer 4

Deferred prosecution ensued on the court intervention to delay a continuing proceeding in the absence of major evidence admissible in court until othewise the evidence is presented in court.