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Obtaining a deferred prosecution in

Los Angeles, CA |

I have been doing some research on how a defendant can avoid a criminal conviction for a misdemeanor. Deferred prosecution seems to be an awesome deal. Is it possible to get a deferred prosecution in most courthouses located within los angeles county?

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Posted

Deferred prosecution is discretionary with the prosecutor. It is actually rarer than it may have seemed in your research. If you want to avoid a filing, someone will have to talk with the prosecutor on your behalf PRIOR to the filing of criminal charges and this will have to be an attorney retained by you who will put together any mitigating factors or possible defenses you may have and discuss with the prosecutor the possibility of avoiding a criminal filing. An office hearing with the prosecutor can be scheduled for this. Again, this is all discretionary with the prosecutor, many prosecutors will outright refuse to even discuss the matter and make their own decision without any input from you or your attorney. Do not try and accomplish this yourself, you will mess it up for sure and most likely make it worse for yourself. Keep in mind that prosecutors are all about filing charges for their own reputation and for their stats. And, once a criminal case gets filed, most prosecutors are loathe to dismiss the charges. However, a good, experienced attorney may be able to work out a deferred entry of judgment with an ultimate dismissal based upon mitigating factors and willingness of the defendant to enroll in counseling and perform community service. You should consult with an attorney.
Note: you WILL NOT be able to achieve this for a DUI. Good Luck.
Cavalluzzi & Cavalluzzi www.cavalluzzi.com 323-467-2300

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Posted

But if you are an adult, it still stays on your record, and it can form a basis to be used in other, further convictions.

I don't consider it awesome. Being not arrested, not charged, not tried, and found not guilty; these things are awesome.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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If it's possible a rejection of charges before the filing should be the first choice. Many prosecutors don't file until right before the arraignment and then there are some who don't file before the first arraignment date. If this is a City of Los Angeles matter, then there are additional alternatives. Many reputable attorneys provide such services, along with a free consultation so I suggest contacting a few to determine which one best works for you.

Deferred prosecution will depend upon the specific charges. LA County has deferred programs for many charges, but not all charges. The same for local prosecutors such as the City of Los Angeles, and many other cities. Then if that fails, the court/judge may provide you with something similar although rare because generally they cannot do such, but it's happen before. I wish you the best.

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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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My colleagues are correct. It might be worth pursuing, but a lot of it depends on the type of charge, where your case would be handled and a variety of other factors. Contact a criminal defense attorney to discuss. Many of us on Avvo provide a free consultation.

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Only a select type of cases are usually deferrable in Los Angeles County and you did not describe your charges. You should add more facts here.

Brian Michaels
Los Angeles Criminal Defense Attorney
www.socalcrimdefense.com
3109919179

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