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Question

What is deferred acceptance of a guilty plea? And how is it different from DPA or DJ? (Wisconsin)

Just curious as to know which one would be better in terms of less conditions?

DPA or DAGP (Deferred Acceptance Guilty Plea)

Was told you either don't do much or do nothing (but keep your nose clean) when you're put on DAGP

Criminal defense
Asked in Sheboygan, WI | Jun 25, 2019 | 2 answers
Answer
Britteny M. Koenig
Britteny M. Koenig
Criminal Defense Attorney
5 stars
1 review
Rating: 9.2
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Posted on Jun 26, 2019

Both are potential resolutions that could be helpful in keeping a record clean. A deferred judgement agreement, deferred acceptance of guilty plea, deferred prosecution agreement, and deferred entry of judgment are terms all used interchangeably yet they generally have two different meanings. A true deferred prosecution agreement (DPA) will hold open the case for a period of time for certain conditions to be met. Upon successful completion the case is generally dismissed. In contrast, a deferred judgement agreement (or DAGP as you indicated in your question) generally would require a plea of guilty or no contest but the entry of the plea is held open for a period of time for certain conditions to be met. Upon successful completion the case is generally dismissed. The main difference between the two is the entry of the plea. Should an individual fail in either circumstance the structure of the agreement makes a big difference. With a true DPA, if there's a failure, the case simply continues from where it left off: a pre plea stage. With a DJA/DEJ/DAGP if there's a failure of the agreement, the plea previously entered is valid and the individual would proceed with a sentencing hearing.

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Asker

Posted on Jun 26, 2019

I've heard in some sources that a DPA is technically a better option because it is less risk, less conditions. Is this true to you? I would think so myself

Britteny M. Koenig

Britteny M. Koenig

Criminal Defense Attorney
Posted on Jun 26, 2019

Less risk yes, because in the event of a failure you are still in a pre plea posture but I disagree with less conditions---that's very case specific and in my experience sometimes DPAs have MORE conditions than DJAs so that question really would depend on the facts.

Asker

Posted on Jun 26, 2019

Okay. One more thing, do all DPA cases always require classes or online classes? I would assume that if you tell the judge or DA (whichever) that you have a busy life with a full time job, that somehow you would be dismiss for classes in one of the conditions. Can this work for negotiation?

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Answer
Jay K. Nixon
Jay K. Nixon
Criminal Defense Attorney in Janesville, WI
4.8571428571429 stars
7 reviews
Rating: 10
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Posted on Jun 26, 2019

Either of these is negotiated uniquely, based upon the facts, so there is no way to compare them. Either could have a dozen different conditions, any of which could either be either wonderful or horrible for you. Therefore, nobody could answer this question without seeing actual written proposals and there comparing them. Deferred judgment, however, implies that you will eventually be convicted of something, while deferred prosecution might mean no conviction, which would seem preferable. But, comparing these in general terms is still a complete waste of time, since there could be situations where some conviction was better than an alternative, such a deferred prosecution agreement calling for you agreeing not to appeal one charge, in return for agreeing to spend life in prison on a related charge.

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