Understanding the concepts of Deferred Entry of Judgment, Deferred Prosecution, and Deferred Adjudication is important for anyone navigating the legal system. You may have encountered these terms and found them somewhat confusing, but understanding their meaning can have a significant impact on legal proceedings and outcomes.
Deferred Prosecution Program
The Deferred Prosecution Program outlined under KRS 218A.14151 is designed to provide first and second-time offenders an opportunity for rehabilitation without undergoing the traditional trial process. This program emphasizes accountability and rehabilitation over punitive measures. The term deferred entry of judgment is used interchangeably with deferred prosecution.
Eligibility Criteria
This program applies to charges related to possession of a controlled substance. To qualify, defendants must make a written request. The application process requires the prosecutor’s approval but does not require a guilty plea or an Alford plea, allowing defendants a chance to participate without admitting guilt upfront.
Program Terms and Conditions
Once admitted into the program, defendants must comply with specific terms dictated by the prosecutor and the court. These conditions often include those similar to the ones in a pretrial diversion program, like regular reporting, participation in treatment or educational programs, and not getting arrested again.
The duration of the program is a maximum of two years, though it may be shorter at the court’s discretion.
Successful Completion and Record Sealing
Upon successful completion of the program, the charges against the defendant are dismissed. Additionally, all records related to the arrest and charges are sealed. Once the records are sealed, the defendant essentially has a clean slate.
However, there are some cases where disclosure may be required by law, such as applications for law enforcement positions or other public safety concerns.
Addressing Program Violations
If a defendant fails to adhere to the program’s terms, a court hearing is scheduled. At this stage, the judge may decide to continue the individual within the program, adjust the existing conditions, or terminate the program, leading to prosecution for the original charge.
Prosecutor’s Authority to Deny Entry
The prosecutor retains the authority to decline a defendant’s request for deferred prosecution. In these instances, the prosecutor is obligated to explain their reasoning, which may include concerns over public safety risks or other reasons the defendant isn’t suitable for the program.
Deferred Adjudication in Kentucky
The term deferred adjudication in Kentucky generally refers to the felony diversion program, which offers individuals a chance to avoid a conviction through pretrial diversion. When enrolling in this program, defendants charged with Class D felonies plead guilty to the charges, but the court withholds entering a judgment of conviction.
If the defendant successfully completes the program’s requirements, including probation and other conditions, their case is dismissed, and there is no conviction on their record.
Eligibility Criteria
To be eligible for the pretrial diversion program, an individual must not have had any felony convictions in the past decade. Additionally, they cannot have been on probation, parole, or released from imprisonment during the same period. Certain offenses, particularly sex crimes and offenses involving violence against children, are excluded from diversion eligibility. The program is available to participants only once every five years.
Application Process
The process to enter the pretrial diversion program begins after a defendant is indicted. The defendant works closely with their attorney to negotiate entry with the prosecutor. Upon approval, the defendant must plead guilty. However, a conviction and jail time can be avoided by fulfilling all program requirements.
Conditions of Felony Diversion
Participation in the pretrial diversion program can last for up to five years. Participants are required to adhere to several conditions, including refraining from criminal activity, remaining abstinent from drugs and alcohol, and providing restitution if applicable. Judges may exercise discretion in imposing additional requirements, such as community service or maintaining employment.
Consequences of Violation
Failure to meet any pretrial diversion conditions results in the defendant being removed from the program. After that, the individual will face the penalties based on the prior agreement. Because the defendant already pled guilty, there is no need for a trial.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for Help Obtaining Deferred Prosecution/Adjudication
Understanding pretrial diversion programs can be complicated, but it is essential to have a clear picture of the process and requirements before pursuing this option. Working with your attorney is the best way to determine if you are eligible for pretrial diversion and how to navigate the application process.
If you are facing charges and think you may be eligible, we can help you. Contact Suhre & Associates DUI and Criminal Defense Lawyers at (859) 569-4014 to schedule a free consultation with a criminal defense lawyer.