What Is A Deferred Sentencing Agreement

The court may have the discretion not to execute a registration of the judgment and to continue the deferred judgment if it is clear from the record that the defendant would be better served and that public safety would not be endangered. However, the court will impose additional and immediate penalties, which may include an extension of the deferred sentence period of up to two years or a jail term of up to 90 days.4 A dc deferred prosecution agreement, often referred to as dPA in DC, is an agreement between the defendant and the government that allows the court to: redirect the criminal case from a trial schedule to a diversion order. For an agreed period listed in the agreement, the defendant must comply with all the requirements of the DPA contract so that the government can dismiss the case with prejudice. With prejudice, this means that the government will be prevented by law from laying the charges again in the future once it has been dismissed. Terms are negotiated exclusively with the government and may include, but are not limited to: non-profit hours of work, an outpatient alcohol and drug abuse program, an online road safety program, fines, maintaining employment or school enrollment, and a Victim Impact Committee with mothers against drunk driving. The judge will not have the power to dictate the agreement in a DPA contract. If, at the end of the period, the defendant has fulfilled all the conditions of the agreement and has not been arrested on new charges for a probable reason, the government will dismiss the charge with prejudice.