What Is a Deferred Prosecution Agreement?

Negotiating a deferred prosecution agreement.

Facing possible criminal charges, you need to understand the full array of options that are available to you. Included on this list you need to know is a deferred prosecution agreement. In the best of all possible worlds, obtaining a deferred prosecution agreement is an ideal course for a criminal defendant.

Function

The primary function of a deferred prosecution agreement is to delay action on a criminal charge until a specific date in the future.

Effects

The primary effect is to permit you the ability to avoid criminal prosecution if you do not commit any additional crimes and accomplish established objectives during the period of the deferral. The case is dismissed at the end of that time frame.

Time Frame

The typical time frame for a deferred prosecution agreement is six months to a year.

Features

In addition to avoiding committing new crimes, you likely will be required to satisfy other conditions (pay restitution or obtain substance abuse counseling) for your case to be dismissed pursuant to the deferral agreement.

Warning

A deferred prosecution agreement sometimes is complex to obtain and negotiate. Therefore, if charged with a crime, obtaining legal representation is a wise decision.

References

• Cornell Law School: Criminal Law Overview
• Criminal Procedure; Steven Emanuel; 2007
• Criminal Procedure; Joel Samaha; 2007

Resources

• American Bar Association
• Washington State: Deferred Prosecution