Kentucky Order Acknowledging Deferred Prosecution is a legal document that is issued by the court for defendants who are eligible to participate in the Deferred Prosecution Program (DSP). This document constitutes a legally binding agreement between the defendant, the court, and the Commonwealth of Kentucky. The Kentucky Order Acknowledging Deferred Prosecution outlines the terms and conditions of the DSP, including the defendant's obligations and the consequences of non-compliance. The document must be signed by the defendant and accepted by the court before the defendant can be enrolled in the DSP. Once accepted, the Kentucky Order Acknowledging Deferred Prosecution serves as a binding contract between the parties. There are two types of Kentucky Order Acknowledging Deferred Prosecution: (1) Adult Deferred Prosecution and (2) Juvenile Deferred Prosecution. The terms and conditions of each are typically similar, but may differ depending on the specific circumstances of the case.
Kentucky Order Acknowledging Deferred Prosecution
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FAQ
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.
A deferred prosecution agreement, or ?DPA,? is a mechanism for resolving a case against a company that is, essentially, an unofficial form of probation. Although usually used to resolve a criminal case, civil enforcement agencies like the SEC have begun to use them as well.
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.
At the arraignment, the judge will advise the defendant of the charges brought against him and advise the defendant of his rights. The defendant is the only person that needs to be present for the arraignment. There will be NO evidence heard by the judge at this court event.
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.
In a Deferred Judgment, the defendant enters a Guilty Plea to a charge, but the Municipal Judge does not immediately sentence the defendant. Instead, the Municipal Judge agrees to continue the sentencing hearing to a later agreed upon date.