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
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.
If this is to a potential client, be aware that this email does not create an attorney-client relationship, nor is the email intend to give specific legal advice. Any communication by email does not make you a client of our firm, until we agree to represent you. Before that time any information we receive is not confidential or privileged. Before we can agree to represent you, we must take you through our conflict of interest procedure and determine if we are the best attorneys to handle your matter. If you proceed with an email, you confirm that you have read and understood this notice.
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.
If any answer on AVVO helps you, mine or someone else's, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Answering this question does not make me your attorney or entitle your information to attorney/client privilege, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO , or see over fifteen years of past answers at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . See 15 years of past answers at http://www.lawguru.com/answers/attorney_control_panel/answered. Answers are not intended as legal advice, may contain attorney advertising materials and may, along with questions, be used in public attorney advertising materials, unless you request otherwise. All answers and questions on public websites are public documents which do not enjoy attorney client privilege.
Asker
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
Criminal Defense AttorneyLess 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
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?