Obtaining a deferred prosecution in

Asked about 1 year ago - 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?

Attorney answers (5)

  1. Maria Cavalluzzi

    Contributor Level 10

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    Answered . 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

  2. Curtis Lamar Harrington Jr

    Contributor Level 20

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    Answered . 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... more
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

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    Answered . 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.

    www.YourCriminalDefenseLawyer.com
    for Fairness & Your Freedom because sometimes good people find themselves in unpleasant situations
    (562) 216-2940
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Dan Eugene Chambers

    Contributor Level 20

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    Answered . 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.

  5. Brian Russell Michaels

    Contributor Level 16

    2

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    Answered . 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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