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What Is Deferred Prosecution?

Michael Cohen • October 19, 2020
Lawyer Talking to Someone on Phone — Eau Claire, WI — Cohen Law Offices

If you face criminal charges in Wisconsin, you’re going through a challenging experience with potentially dire consequences. However, the court may offer you a deferred prosecution agreement (DPA), which has advantages and complications of its own. Criminal charges are serious charges. The best path forward is always with a skilled criminal defense attorney by your side. 

The Offer of a Deferred Prosecution Agreement

If your attorney negotiates for a DPA on your behalf, he or she likely considers this a preferable option (and will have discussed the pros and cons with you). If, on the other hand, the court offers you a DPA of its own accord, the first order of business is discussing the agreement’s implications with an experienced criminal defense attorney. 

Accepting a DPA

If you are offered a DPA regarding your charges, all of the following are likely to coincide with the offer:

  • You’ll be required to enter a guilty plea for the charges that you’re facing.
  • The court will defer its judgment of conviction against you, which means you won’t be convicted of the charges against you (at this time)
  • You will probably need to fulfill some requirements, such as obtaining alcohol or drug abuse counseling and testing negative for alcohol or drugs during the pendency of the agreement. You could also be required to perform community service and to pay restitution to anyone injured by your actions.
  • If you complete the terms of your DPA within the allotted time frame, you will likely experience considerable benefits. If you don’t, however, your original guilty plea will stand, and you’ll face sentencing for those charges, which can leave you with a felony on your record.

One Case at a Time

Determining whether a DPA is a good outcome or not must be considered on a case-by-case basis. For example, if you successfully complete the terms outlined in your DPA, you can see your felony charge reduced or even dismissed. However, to plead guilty to a crime you didn’t commit to obtain a DPA can be an incredibly difficult choice to make. By entering your plea for the DPA, you not only relinquish your right to challenge the case, to file any motions, and to suppress any evidence or statements but also forfeit your right to a trial. Ultimately, the decision is yours to make. Your dedicated criminal defense attorney will help you weigh your options and the attendant potential consequences and help guide you toward the best decision for you – given the circumstances of your case.

Call Us Today to Speak with an Attorney

If you face allegations of criminal conduct, don’t hesitate to contact us online or call Cohen Law Offices at (715) 514-5051 today. The criminal defense attorneys at Cohen Law Offices in are committed to helping you obtain your case’s most beneficial resolution – whether that involves accepting a DPA or not.