Deferred Entry of Judgement
In a criminal case, the judge delivers the verdict and the subsequent sentencing. However, some cases can go through another program, that may open the possibility of having the charges dismissed. This path is called the deferred entry of judgement. This program is not available for all charges and one cannot plead not guilty. If you are wondering whether this program is the best option for your case, speak with an experienced criminal attorney at Law Advocates Group today.
How Does Deferred Entry of Judgement Work?
Only certain defendants and charges are eligible for deferred entry of judgement. For example, some of the limitations include not having a felony conviction in the past five years and not having a conviction related to controlled substances. Mostly, the cases that are eligible are those concerning mental health, misdemeanor drug crimes (and eligible misdemeanors), and non-violent felonies. Each of the aforementioned categories have their own limitations, too. However, violent crimes such as murder and sexual assault are not allowed to go through this program.
The defendant has to enter their plea in court and, for this program, they must plead guilty or no contest. Then, the defendant is assigned to either a program or probation. Let’s say the defendant committed a drug offense. If the defendant benefits from drug abuse treatment, they can be sent to a rehab treatment facility.
What Happens to Your Conviction?
Once the defendant has fully completed all of the diversion program requirements (whether that is treatment, probation, restitution, etc.) then the judge can have the case dismissed. Therefore, the defendant has completed a program, but will not have to go to jail or prison.