The Kentucky Application for Deferred Prosecution is a program offered by the Commonwealth of Kentucky to qualified individuals who have been charged with certain criminal offenses. This program allows individuals to avoid a criminal conviction and the associated penalties if they successfully complete certain conditions within the program. The program is available to first-time offenders who have been charged with a non-violent felony or a Class A misdemeanor. The Kentucky Application for Deferred Prosecution consists of three types of programs: Deferred Prosecution, Pretrial Diversion, and Transitional Diversion. Deferred Prosecution involves the state dropping charges against a defendant if he or she meets certain conditions, such as completing community service, undergoing treatment, and/or paying restitution. Pretrial Diversion is an alternative to prosecution wherein the defendant's charges are diverted to a probation department for supervision instead of a court. Transitional Diversion is similar to Pretrial Diversion but is only available to individuals who are facing a felony charge and have special needs, such as a mental health condition or drug abuse. In addition to the program requirements, participants must also pay a program fee and attend all court hearings. Upon successful completion of the program, the charges against the individual will be dismissed and the individual will not have a criminal record.
Kentucky Application for Deferred Prosecution
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How to fill out Kentucky Application For Deferred Prosecution?
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FAQ
Under a DPA, the government will bring charges against a defendant but agrees not to move forward on those charges. In exchange, the defendant agrees to abide by certain requirements or conditions. If the defendant satisfies its end of the bargain, the government agrees to drop the charges.
Deferred prosecution refers to a number of types of programs which occur in the pre?trial or prosecution phase of the case. These programs are pursued explicitly at the discretion of the prosecutor's office, and are typically implemented as early as possible in the case, ideally during charge and plea?entry.
With deferred prosecution, the defendant agrees to live by a certain set of rules or terms during a time period that the judge specifies. If the person fulfills these requirements without incident, the case is dismissed.
Deferred prosecution refers to a number of types of programs which occur in the pre?trial or prosecution phase of the case. These programs are pursued explicitly at the discretion of the prosecutor's office, and are typically implemented as early as possible in the case, ideally during charge and plea?entry.
What Are the Pros and Cons of a Deferred Prosecution? The obvious benefits of a deferred prosecution are that the charges are dismissed, and there is no criminal conviction. However, there are also risks. As noted above, a defendant must waive their right to a jury trial and admit to guilt.
While a deferred judgment is not considered a conviction and you can answer ?no? when asked if you have been convicted of a crime. You may still want to disclose it of your own as it will show up on any criminal background checks unless it's been sealed after the fact.
Deferred Prosecution. Deferred prosecution applies only to defendants charged with first or second offenses of possession of a controlled substance 1st degree, a class D felony. The commonwealth's attorney and the court decide if a defendant will be accepted into the program.