Deferred Prosecutions are basically informal agreements between the defense lawyer, the defendant, and the prosecutor to dismiss a case up front, that is, in advance of the accused agreeing to some concessions. Depending on the circumstances, a misdemeanor prosecutor might choose to offer a deferred prosecution after a case has been filed against the defendant. Some of the circumstances that affect this decision include: difficulty in proving the case, the defendant’s lack of criminal history, e.t.c.
With a deferred prosecution agreement, the defendant must admit his/her guilt, waive the same constitutional rights as s/he would if s/he were pleading guilty before a judge, agree to specific written terms of the agreement (including counseling, community service hours, etc.) and promise not to break any law more serious than a speeding ticket. If the defendant breaks this agreement, the County Attorney can refile the original case and already has the defendant’s confession in his refiled case. Successfully completed deferred prosecutions are eligible for complete expunctions.