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Deferred Judgement Criminal
What it is?
Deferred adjudication is a type of plea deal that requires a defendant to plead guilty or no contest to the criminal charges against him or her, in exchange for supervised probation.
It is a delay of formal judgement.
What it is not?
It is not a formal conviction.
Deferred adjudication happens prior to a conviction or sentencing.
How does deferred adjudication work?
Deferred adjudication in some states is only a viable option for first time offenders, other states do not allow the option of deferred adjudication at all. California allows the option of deferred adjudication thru a Deferred Entry of Judgment program that is available to both first time offenders and repeat offenders. Deferred Entry of Judgment functions as a plea deal that may be recommended by the prosecution and offered to a defendant as an alternate route to formal conviction at the discretion of the judge. The Deferred Entry of Judgment is a voluntary program that requires a defendant to admit to the crime by either pleading guilty or no contest to the charges against him or her, in exchange for
delay of a formal conviction on the record. If a defendant qualifies for a Deferred Entry of Judgment, the prosecution will make an initial assessment of the defendant to see if the defendant’s criminal behavior can be corrected with supervised probation and if so what specific conditions would serve the defendant’s rehabilitation best. It is at the prosecution’s discretion to decide what conditions to recommend for the defendant’s Deferred Entry of Judgment program. After obtaining the prosecution’s recommendations, the judge will set the conditions that must be met an give an allotted period of time for the defendant’s successful completion of his Deferred Entry of Judgment. Now instead of going thru the traditional stages of the criminal justice process, the formal conviction of the defendant will be deferred and the defendant will be placed under the supervision of probation services. Probation services will administer the specific conditions recommended by the prosecution and laid out by the judge. Upon successful completion of the Court’s requirements for Deferred Entry of Judgment in the allotted time prescribed by the Judge, the defendant may avoid a formal conviction on their record and at the end of his or her probationary period, have their case dismissed.
Who qualifies for deferred adjudication?
California allows the option of deferred adjudication to both first time offenders and repeat offenders who may benefit from supervised probation.
What type of crimes are eligible for the option of deferred adjudication?
Deferred Entry of Judgment in California is reserved for first time or repeat offenders of the more minor crimes, like shoplifting and drug possession.
What type of crimes are not eligible for the option of deferred adjudication?
Deferred Entry of Judgment is not available for cases of driving while intoxicated (DWI) or driving while license is suspended (DWLS).
What are the conditions that must be met?
A defendant participating in a Deferred Entry of Judgment program must be in supervised probation, have good conduct throughout the program and is required not to be arrested again. Conditions can further range from counseling, to treatment programs, to some type of community service, and depending on the defendant’s needs, education and/ or employment may be required.
What happens if conditions are not met?
If the defendant fails to meet the conditions imposed by the judge and agreed to by the defendant as part of the plea deal, the Deferred Entry of Judgment can be terminated at any time by the judge. If the Deferred Entry of Judgment is terminated and supervise probation is revoked, the defendant could face the full range of his charges up to the maximum sentence that is available for the crime.
What happens when the conditions are met?
If all of the conditions imposed by the judge and agreed to by the defendant as part of the Deferred Entry of Judgement plea deal are met, probation services will inform the prosecutor that the defendant has successfully completed the deferred and their case will be dismissed.
Who should you contact?
Deferment in all jurisdictions requires that the defendant plead either guilty or no contest, this is an admission of a guilt and for that reason you should consult with an attorney to decide if deferred adjudication is the best option for you. At Monder Law Group, we are experienced criminal attorneys, we know what strategic decisions to make and will look at the specifics of your case to make sure that the consequences of these decisions are known and explained to you in advance. Together we will fight zealously for the best possible outcome.
If you have any questions about deferred judgement criminal case please contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense