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How do I get charges dropped from my boyfriend after he plead guilty and is entered into a Deferred prosecution?

Oak Creek, WI |

Our families grew up together we have long history and have been in a relationship for over 3 years. I have no experience with the legal system and feel that my boyfriend's punishment does not fit the crime. I asked my advocate if I could address the court to express my concerns about the evening and was told that since he was not being sentenced I could not speak to the court but I could have the no contact order removed. Each and every person I spoke to made it seem that this deferred prosecution was the only way to get this off his record and thought it was removed at his 3/18 court date. Feel misinformed and want the charges dropped because I don't feel he should be punished

He has no criminal record and we are following the no contact order in this case. I was never informed that I could ask to have the charges dropped. He is a good person and angry I do not feel like a victim and I know he is not a criminal. He was charged with Victim Intimidation because he took my phone and that night I drove to the Oak Creek Police Dept. None of this makes sense to me and I hope there is something that can be done.

Attorney Answers 3


Your post is somewhat difficult to unpack. Ultimately, you cannot get the charges dismissed. Only the prosecutor or your boyfriend's attorney may do that.

Once the police are involved, the decision to charge the crime is no longer yours. You may be asked for your input, but ultimately, the police forward the information to the prosecutor, and the prosecutor decides how to proceed.

In this case, we are beyond charging. I cannot tell you whether the deferred prosecution agreement is one where the charges are dismissed at the end or expunction is granted without more details. But, the victim witness personnel should be able to explain the terms of the deferred prosecution agreement to you.

Good luck!

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3 lawyers agree


A deferred prosecution should not be a "Plea of Guilty." Your boyfriend needs to consult a lawyer in your area to see if this case can 1) be removed from the diversion program and 2) if there is a chance of winning this case at trial; and 3) if it is best for him to stay on this diversion program.

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1 comment

Jeffrey J. Szczewski

Jeffrey J. Szczewski


Actually, most deferred prosecution agreements involve a guilty plea that the court accepts without entering a judgment.


I am assuming your boyfriend is charged with some form of domestic violence. Victim intimidation is a common charge that goes along with domestic violence. Unfortunately, prosecutors rarely listen to the victim's wishes in the prosecution of domestic violence. Many times the victims recant their testimony and attempt to assist the defense, feeling that her boyfriend or husband should not be punished. Many times, prosecutors do not listen to these pleas.

There is a huge difference in domestic violence cases between hiring private counsel and being represented by the public defender's office. Generally, private counsel will take the time to sit down and interview the victim and other witnesses. If the victim witness recants or is uncooperative with the prosecution, a private attorney can use that to the defendant's advantage.

Deferred prosecutions or stayed adjudications are different in different states, but it is probably not favorable for him to try to get out of this bargain. You should seek the advice of a local criminal defense attorney. I cannot stress enough the difference private counsel makes in these matters.

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