But Florida sentencing practices include an alternative procedure in which a judge can “withhold adjudication.” Some other jurisdictions also call this procedure a “deferred adjudication.” This procedure allows a judge to withhold a “conviction” from even a guilty defendant by putting off the actual adjudication of ...
Under a plea bargain or a sentence of probation, a defendant is convicted of a crime. Compliance with the terms of the plea bargain or terms of probation is overseen by the court. A DPA, by contrast, is largely imposed and monitored outside the judicial system.
A deferred prosecution is an agreement between someone who is charged with a crime and the State Attorney's Office. This agreement will require that within a specified period of time, the person charged with a crime will complete all requirements in the agreement.
DPAs - Disadvantages A DPA can be extremely demanding as the court can impose enforceable undertakings, which would not be the case on conviction following trial. Companies who accept a DPA may therefore be subject to more scrutiny of their corporate governance than those who do not cooperate.
The agreement allows a prosecution to be suspended for a defined period, provided the organisation meets certain specified conditions. DPAs can be used for fraud, bribery and other economic crime. They apply to organisations, never individuals.
Although probation and other diversion programs allow individuals to remain in the community while they serve out their sentence, only deferred prosecution programs provide individuals with the opportunity to avoid accruing criminal charges on their record or to have the original charges dismissed (or expunged) after ...
Although probation and other diversion programs allow individuals to remain in the community while they serve out their sentence, only deferred prosecution programs provide individuals with the opportunity to avoid accruing criminal charges on their record or to have the original charges dismissed (or expunged) after ...
(1) A defendant convicted of two or more offenses charged in the same indictment, information, or affidavit or in consolidated indictments, informations, or affidavits shall serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively.