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Deferred Prosecution, Deferred Sentence, and Deferred Plea Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by DawnAlicia, Nov 3, 2009.

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  1. DawnAlicia

    DawnAlicia Law Topic Starter New Member

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    I have a client charged with two felonies and a misdemeanor but no significant previous offenses. The prosecution is offering a deferred imposition of sentence which would allow her to get it off her record in a few years. The problem is that she will have to enter a guilty plea which could affect her professional license. I am trying to get a deferred prosecution with the same terms to alleviate this problem. However, the prosecution is often reluctant to do this because the case is often stale if and when the time comes to revoke the deferral. Has anyone ever used a deferred plea agreement that whereby the Defendant would agree to plead guilty if and when the prosecution decides to revoke the denial? Does such a thing even exist?
     
  2. jharris352

    jharris352 New Member

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    I wouldn't use such an agreement. What's to prevent the prosecution from engineering a guilty plea? I don't think such an animal exists. I don't think a judge would approve it.
     

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