If you are facing charges or a conviction in Cincinnati, OH, it is important to talk with your criminal defense lawyer about your opportunity for deferred entry of judgment, deferred prosecution, or deferred adjudication.
These valuable legal options may allow you to avoid the full, long-term impact of a conviction on your life, career, reputation, and permanent criminal record. Deferred entry of judgment, deferred prosecution, and deferred adjudication are programs that can result in the dismissal of a criminal case. They may sound similar, but there are slight differences to be aware of.
While Ohio does not use the same terms, Ohio law does state that some of these options may be available for offenders not likely to commit future offenses and who may only require rehabilitative measures.
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What Is Deferred Prosecution?
Deferred prosecution, also sometimes called pretrial diversion, can be an ideal option if you have a limited history of criminal activity. Through the aid of a diversion program in Hamilton County, individuals might have the opportunity for rehabilitation rather than incarceration.
Deferred prosecution occurs before a defendant enters a guilty or no-contest plea. It is when the prosecutor stops the case against the defendant to allow them to comply with certain conditions, like counseling, probation, or drug testing.
A defendant who successfully abides by their conditions and completes any requirements can potentially have their case dismissed. If they fail their program, the prosecutor can put the defendant on trial, where they could face conviction and a jail or prison sentence.
When evaluating the crime, prosecutors can opt to allow pretrial diversion for eligible individuals who might benefit more from these measures than incarceration. One benefit is that it can eliminate a lengthy trial, especially when the crime charged poses minimal risks to others and will not be repeated.
What Are Deferred Entry of Judgment and Deferred Adjudication?
The court system in Ohio typically does not mention deferred entry of judgment and deferred adjudication in its criminal justice system. Rather, they rely on pretrial programs, such as diversion programs and intervention in lieu of conviction.
In other jurisdictions, deferred entry of judgment and deferred adjudication may be used interchangeably to refer to the same concept. Deferred adjudication typically occurs after a defendant has entered a guilty or no-contest plea. Instead of entering a judgment of guilt, the court places conditions on the defendant similar to those used in a deferred prosecution.
The defendant may be able to have their case dismissed after a deferred adjudication if they comply with the conditions imposed by the court. However, if the defendant fails to meet all the conditions of their deferred adjudication, the court can enter its judgment and issue a sentence based on the defendant’s prior plea.
Eligibility Requirements for Diversionary Measures
Certain offenders and types of offenses generally do not qualify for a pretrial diversion program. This may be due to the severity of the crime, previous charges, or crimes for which rehabilitation is less likely to have a strong impact.
To be eligible for a diversion program, you must not:
- Be a repeat or dangerous offender
- Have committed a violent crime (some exceptions may apply)
- Have operated a vehicle under the influence of alcohol or drugs
- Have committed a crime involving a commercial vehicle
To see if you are eligible for a diversion program, it is important to consult a knowledgeable attorney who can discuss your options with you, negotiate the opportunity, and help you file a petition requesting this measure over incarceration. They can also help negotiate the terms of a diversionary program recommended by a court for deferred adjudication.
Examples of Pretrial Diversion Conditions
Diversion requirements may vary depending on the crime committed and the discretion of the prosecutor or judge.
However, some of the conditions a defendant could have during diversion and intervention may include:
- Counseling
- Probation
- Drug testing
- Good conduct
- Educational classes
- Community service
- Provide damages to the plaintiff (a restitution payment)
The type and duration of the rehabilitation may vary to better fit the offense and target maximum rehabilitation. An attorney may also be able to help you negotiate the terms of the diversion program requirements and help you meet all the requirements that have been set forth.
Contact Our Cincinnati Criminal Defense Lawyers for Help Understanding Deferred Prosecution
The legal process can be complex, overwhelming, and time-consuming. Having an experienced lawyer on your side can streamline the process and give you opportunities you would not have known about otherwise.
Contact the Cincinnati criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers to discuss what deferral options may be available to you. These options can be beneficial for avoiding a criminal record and not losing your freedom, so it is important to talk with your attorney about your eligibility.
