Defendants plead or get convicted of various crimes all across the nation.
If your criminal record is as pure as winter's first snowfall, all is not lost.
You can try to make a deal with the prosecutor where you plead guilty, but because you've never been a naughty lad, you're allowed to plead guilty and receive deferred adjudication.
What the heck is that darn "deferred adjudication/deferred disposition"?
All isn't lost, mate.
Well, all isn't lost IF YOUR case hasn't been resolved with your plea or a guilty verdict.
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Read on, curious one:
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§ 19.2-298.02. Deferred disposition in a criminal case.
A. A trial court presiding in a criminal case may, with the agreement of the defendant and the Commonwealth, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, including (i) mitigating factors relating to the defendant or the offense, (ii) the request of the victim, or (iii) any other appropriate factors, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. Final disposition may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.
B. Upon violation of a term or condition, the court may enter an adjudication of guilt, if not already entered, and make any final disposition of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case.
C. By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.
Prior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.
D. Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with § 19.2-392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order.
2020, Sp. Sess. I, cc. 20, 21.
§ 19.2-298.02. Deferred disposition in a criminal case
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In limited cases, the law in Virginia allows us to secure for our clients a resolution or disposition that avoids a conviction. How, you may ask? First, the client must be "qualified." Usually, this means that you have a clean record and this is your first offense - although the definitions of "clean record" and "first offense" are pretty nuanced. (We will need to go over your personal background in detail at a consultation, as there are too many factors to list out here.) IF you are eligible for this type of disposition, and successful with your obligations to the court, we can help you get the case dismissed- every client's dream!
In a deferred disposition, the following happens:
1: The judge takes our plea, which can be either guilty, not guilty, or no contest;
2: The judge makes a finding that there are facts sufficient for you to be found guilty, if the case proceeded to trial;
3: The judge then withholds a finding of guilt (meaning he/she does not enter the final conviction on the record and sets the case aside) for a set length of time;
4: Our client is told what his or her obligations during the "probationary time period" will be - this can be supervision by a probation officer, community service, substance abuse treatment, or other things;
5: At the end of the "probationary period", if the client performed the obligations as expected, the case is dismissed!
What offenses are eligible, by law, for deferred dispositions in Virginia?
- Underage Possession of Alcohol (VA Code 4.1-305(F));
- Assault and Battery Against a Family or Household Member (VA Code 18.2-57.3)
- Possession of drugs (VA Code 18.2-251)
- Trespass
- Destruction of Property
- Other misdemeanors found in VA Code 18.2-119 through 18.2-152.
What happens to my record after my deferred disposition?
Most people wonder what will happen to their record after their case is dismissed. The criminal record will show that you were charged with a crime, and will also show that the case was dismissed. Sometimes, depending on which database is checked, it will show that you received a deferred disposition. Without question, the record will illustrate that you do NOT have a conviction for the offense, and you can confidently report that you do not have a conviction.
However, for most of the charges eligible for deferred disposition, you will have had to be fingerprinted. Therefore, you will have a record within the criminal history database as having been charged.
Can the charge be expunged? Unfortunately, no. Because each of these types of deferrals requires the judge to make a finding that there are facts sufficient for a finding of guilt, the expungement process is not available. The benefit of the deferred disposition is that you get a chance to avoid a conviction on your record. The law does not provide for you to completely hide what happened from public and law enforcement view.
Virginia Deferred Dispositions | Carmichael, Ellis, & Brock PLLC
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Choices ALWAYS have consequences, so ALWAYS choose wisely!
https://www.avvo.com/legal-guides/u...in-virginia--not-always-as-great-as-they-seem
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